Three weeks ago, CO-LAW alerted readers to possible shenanigans by trial lawyers who were apparently playing games with an otherwise uncontroversial bill that allowed hospitals to improve patient safety by allowing doctors to review and candidly comment on the work of other doctors.
More than a month ago, House Bill 1300 passed the Colorado House of Representatives 65 to 0. Since then the bill has been held up in Senate Health and Human Services committee. In fact, it hasn’t even been granted a hearing!
Why? Because trial lawyers believe they can use this bill to overturn a Colorado Court of Appeals decision that said they can’t frivolously sue hospitals for medical malpractice. (Because doctors practice medicine and hospitals do not, Colorado law says that only doctors can be sued for medical malpractice and that hospitals cannot.)
HB 1300 re-authorizes the Colorado Professional Review Act which protects the confidentiality of doctor panels which review the conduct of other doctors. Without confidentiality and immunity from lawsuit, doctors would be less likely to candidly evaluate the conduct of other doctors — and patient safety could be compromised.
So, what’s in it for trial lawyers? By reversing the court’s unanimous ruling, trial lawyers could sue both doctors and hospitals in every malpractice case.
It’s all about two words: DEEP POCKETS!
Colorado Civil Justice League urges senators to reject trial lawyer greed and pass HB 1300 before the legislature adjourns in less than two weeks.



