1973, October, Pg. 33. Joint Medico-Legal Plan for Screening Professional Liability Cases.

2 Colo.Law. 1

The Colorado Lawyer

1973.

1973, October, Pg. 33.

Joint Medico-Legal Plan for Screening Professional Liability Cases

33Vol. 2, No. 12, Pg. iJoint Medico-Legal Plan for Screening Professional Liability CasesColorado Medical SocietyColorado Osteopathic AssociationColorado Chiropractic AssociationColorado Dental AssociationColorado Hospital AssociationColorado Bar Association1. PURPOSESThe fundamental purpose of this Plan is two-fold: on the one hand, to prevent where possible the filing in court of actions against physicians, chiropractors, dentists, hospitals, health care facilities or their agents or employees for alleged breach of professional duty in situations where the facts do not permit at least a reasonable inference of such breach; and, on the other hand, to make possible the fair and equitable disposition of such claims against physicians, chiropractors, dentists, hospitals, health care facilities or their agents or employees as are, or reasonably may be, well-founded.

2. REPUTATION AND LEGITIMATE GRIEVANCESThe participating groups recognize that the mere filing of an action in court, however unjustified medically it may be, causes substantial harm to the reputation and practice of the concerned physician, chiropractor, dentist, hospital, health care facility, or their agents or employees. The participating groups recognize also that persons having legitimate and meritorious grievances against physicians, chiropractors, dentists, hospitals, health care facilities, or their agents or employees have heretofore often encountered the greatest difficulty in substantiating their claims with expert testimony in court.

3. PANEL IMPARTIALITYAll members serving on the Hearing Panel provided for hereunder must realize that they are appointed for their impartiality, integrity, and judicial temperament, and must not allow personal prejudice or bias to influence their findings or determinations.

4. COMPOSITION OF PANELSTo carry out the purposes of this Plan, the Colorado Medical Society, the Colorado Osteopathic Association, the Colorado Chiropractic Association, the Colorado Dental Association, the Colorado Hospital Association and the Colorado Bar Association shall each designate from its association a member thereof to serve as its Representative. Such Representative shall be responsible for the general supervision and administration of this Plan, and each shall appoint from the membership of his respective association members to serve on each Hearing Panel. The six groups, medical, osteopathic, dental, chiropractic, hospital, and legal (hereafter referred to as the participating groups) shall have equal representation at all times on such Hearing Panels. The Chairman of each panel shall be a member of the Bar Association, and shall be designated by the Bar Association Representative. The Hearing Panel shall consist of six members, three attorneys designated by the Colorado Bar Association Representative, and three Representatives of the participating group whose member is the subject of the claim of malpractice for which the Hearing shall be convened, unless more than one participating group is involved, or unless all parties to the hearing agree to a lesser or greater number.

34Where more than one participating group is involved, each such group shall have no fewer than two representatives on the Hearing Panel and the total number of Bar Association panelists shall be equal to the total number of other panelists convened for the Hearing. In such cases, Bar Association panelists shall be, by appointment prior to the hearing, specifically designated by the Bar Association representative to deal with the liability and damage questions of a specific participating group, and shall vote only on questions of such specific group, i.e., in the ultimate questions an attorney designated as an "osteopathic panelist" votes only on questions dealing with the liability of the osteopathic physician concerned.

The specific occupation or profession of Colorado Hospital Association panelists may vary from case to case based upon the particular area of hospital responsibility at issue. Thus, among others, administrators, nurses, records personnel, physicians, or therapists may be panelists. The administrative representative of the Colorado Hospital Association shall consult with the administrative representative of the Bar Association in selecting the specialization of panelists for particular cases involving hospitals.

5. SUBMISSION OF CASESThe screening procedures outlined herein shall apply only to claims of alleged breaches of professional duty commonly referred to as "malpractice" and shall not apply to claims arising out of the maintenance and use of premises or vehicles and other similar claims in negligence or contract.

An attorney may submit a case for the consideration of a Hearing Panel by addressing a request in writing to the Colorado Bar Association, signed by both himself and his client. This letter request shall contain the following:

1. A brief statement of the facts of the case as asserted by the Claimant, showing the persons involved, the dates and the circumstances, so far as they are known, of the alleged breach of professional duty.

2. A statement authorizing the Hearing Panel, through its Chairman, to obtain all medical and hospital records and information pertaining to the incident, and, for the purposes of its consideration of the matter only, waiving his client's privilege as to the contents of those records and information. Nothing in that statement shall in any way be construed as waiving such privilege for any other purpose or in any other context, in or out of court.

3. An agreement that the evidence received or offered at the hearing and the deliberations, discussions and conclusions of the Hearing Panel and of the members thereof will be confidential within the Panel and privileged as to any other person, and that no member of the Hearing Panel or any person attending the hearing will be asked in any action or proceeding...