The 2019 Colorado Candor Act, C.R.S. 25-51-101, creates a mechanism for the possible resolution of medical malpractice claims which allows the physician or other provider (including service corporations and hospitals) to avoid reporting the claim to the Medical Board. Since the Medical Board is statutorily obligated to review all medical malpractice settlements for possible disciplinary action, the Act seeks to create a mechanism for resolving claims in a ‘risk free’ manner for physicians/providers.
There are some key components to the Candor Act that patients should be aware of. First, the decision to utilize or invoke the procedures of the Act are unilateral, in the sole discretion of the physician or provider, not in response to a demand or claim initiated by the patient. The patient will receive a written notice from the physician or provider, within 180 days of the date of the date they acquired knowledge of the ‘adverse incident’ or injury resulting occurrence.
If you receive a notice from a physician or provider, it will state that you have a right to have an attorney represent you. The benefits of an attorney are the same as if you were involved in a medical malpractice case. The experienced attorney will be able to ascertain the true value of your injury and advise you or the relative merits of accepting the provider’s offer (if one is conveyed during the process) versus pursuing other actions like complaints to the medical board or filing a claim or lawsuit.
Denver’s “America’s Top 100 High Stakes Litigator” James Avery has over 35 years representing patients in medical malpractice settlements and litigation, and can represent you in your Candor Act discussions or subsequent lawsuit, if necessary. If you or a loved one is facing the need to respond to a Candor Act notice, contact James Avery as soon as possible to know your rights and the value of your injury claim. Call 303-840-2222 now or complete the confidential contact form below.
DENVER Trial Lawyer James AVERY has again been awarded the prestigous Superlawyers for 2020 in the field of Personal Injury:Plaintiffs. This marks the 12th year the award has recognized AVERY as among the top lawyers in the State. Only one percent of lawyers earn the award, which is selected as a result of polling and editorial discretion.
February 1, 2020 – Announcing the selection of James W. Avery among America’s Top 100 High Stakes Litigators® for 2020. Previous selection includes 2019 (Inaugural year). Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.
Jim Avery offers Pro Bono services and has donated thousands of hours of time, and paid expenses, to inmates and children’s hospital patients. He is a frequent guest on news programs as an authority and lawyer handling Patient Rights actions.
Jim Avery has organized and lead numerous humanitarian aid missions to Africa, bringing needed relief to war torn areas of South Sudan following famine and burning of villages by Arab marauders. Avery is responsible for the establishment of 50 bush schools in Twic county, a border area of South Sudan where hundreds of children went without schooling for about a decade as a result of the war. Contemporaneous with the school initiative, Avery brought seed for farmers to re-establish crops that were burned by the marauders, and supplies to build medical clinics, churches and schools.
Locally, Jim Avery has been involved in the Rights of Passage program in Denver for disadvantaged youth growing up without fathers. Jim has lead fishing and camping trips with young men who have never had the chance to experience male leadership or Colorado’s great outdoors.
Jim Avery has supported GOAL and WAR CHILD, non-governmental humanitarian aid organizations based in the United Kingdom, that focus on rapid relief to children in war affected areas around the world. War Child