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.[contact-form-7 404 "Not Found"]