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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

K.S.P ,
N.J. ,
R.M. ,
B.S. ,
J.M.L. ,
S.D.W  and
Kathleen Cranky Glass
Kathleen Cranky Glass
Affiliation:
Clinical Trials Research Group, Biomedical Ethics Unit & Department of Human Genetics McGill University, Montreal, Quebec
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Journal of Law, Medicine & Ethics , Volume 25 , Issue 1 , Spring 1997 , pp. 70 - 78
Copyright
Copyright © American Society of Law, Medicine and Ethics 1997

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References

References

Colo. Rev. Stat. §§ 13-64-101 to – 503, 6A (1996 Supp.).CrossRefGoogle Scholar
926 P.2d 1218, 1220 (Colo. 1996).CrossRefGoogle Scholar
See id. at 1226.Google Scholar
Colo. Rev. Stat. §§ 10-16-101 to – 512, 4A (1994 & 1996 Supp.).Google Scholar
See id. at 1227.Google Scholar
See id. at 1230, 1231.Google Scholar
See id. at 1221. Colorado Permanente Medical Group was also the decedent's insurer. See id. at 1222.Google Scholar
Id. at 1222 n.8.Google Scholar
See id. at 1221.Google Scholar
See id. at 1218, 1222.Google Scholar
See id. at 1222.Google Scholar
See id. at 1222–23.Google Scholar
See id. at 1224. Note that the trial court granted summary judgment against the HMO and dismissed it from the lawsuit. See id. at 1222. The HMO did petition the Colorado Supreme Court to become one of the parties on review, but the court denied the petition because the HMO had failed to demonstrate that it had been “substantially aggrieved” by the decision of the court of appeals and that its liability for judgments against the nurses constituted an injury or burden. Id. at 1224.Google Scholar
Id. at 1224.Google Scholar
See id. at 1225.Google Scholar
See id. at 1226.Google Scholar
See id. at 1228.Google Scholar
See id. at 1227.Google Scholar
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See id. at 1229.Google Scholar
The medical malpractice damages statute provides in relevant part: The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health care professional … shall not exceed one million dollars … of which not more than two hundred fifty thousand dollars, present value per patient … shall be attributable to noneconomic loss or injury. Id. at 1229 (emphasis added).Google Scholar
See id. at 1230.Google Scholar
See id. at 1222.Google Scholar
See id. at 1231. The trial court determined that the nurses' collective proportion of liability was 35 percent. See id. The portion of the past medical expenses award attributed to the urgent care clinic physician and the providers is not offset because it falls within a contract exception under the statute. See id. at 1231–32.Google Scholar
See id. at 1234 (Mullarkey, J., dissenting).Google Scholar
See id. at 1226.Google Scholar
See id. at 1230, 1231.Google Scholar
See id. at 1226.Google Scholar
See id. at 1234.Google Scholar
See id. at 1235.Google Scholar
See id. at 1234.Google Scholar

References

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