This presentation is designed to address recent developments in the law of medical malpractice cases in Colorado.   More specifically, there have been two significant decisions issued by the appellate courts (one from the Colorado Supreme Court and one from the Colorado Court of Appeals) since the beginning of the year. First, Bailey v. Hermancinski, et al., addressed the issue of ex parte meetings with treating healthcare providers and is the first decision since Reutter v. Weber to provide more guidance on the issue. Second, Danko v. Conyers addressed two significant issues:  (1) whether defendants must designate a downstream medical provider as a non-party to have the jury consider that provider’s actions as it relates to causation; and (2) imposing liability upon the so-called “original tortfeasor” under the Restatement. Each of these decisions has the potential to significantly impact procedural issues, discovery and trial strategy decisions. We will discuss each of these cases and their consequences (both intended and perhaps unintended).

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Presented by the Professional Liability Committee

• Jason Young, Board Liaison, Pearl Schneider
• Michele Choe, Chair, Wheeler Trigg O'Donnell
• Troy Rackham, Vice-Chair, Spencer Fane
• Kate Bailey, Vice-Chair, Messner Reeves