1975, November, Pg. 2301. CBA Reports.

4 Colo.Law. 2301

Colorado Lawyer

1975.

1975, November, Pg. 2301.

CBA Reports

2301Vol. 4, No. 11, Pg. 2301CBA ReportsBoard of Governors Action October 8, 1975

After hearing from the chief justice, the board agreed to take a position consistent with the Supreme Court to publish in The Colorado Lawyer only the opinions of the Court of Appeals selected for official publication.

The board also approved as barsponsored legislation a bill establishing a small claims division in the county court recommended by the judiciary section council.

Recognizing that no crisis exists in health care and medical malpractice insurance in Colorado, the following guidelines were set forth as the bar association's position in connection with the legislative hearings on the subject, as follows:

1. Colorado does not need and should not enact legislation pertaining to contingent fees.

2. The association opposes any change in the present law of informed consent.

3. The association opposes any proposal to introduce a mandatory screening procedure as a condition precedent to filing suit. Attorneys and health care providers should be strongly encouraged to use the existing screening procedure provided for in the Interprofessional Code.

4. The association opposes any legislation prohibiting the statement of a money amount in the prayer for relief in malpractice complaints.

5. The association opposes any legislation eliminating the doctrine of res ipsa loquitur as an available plaintiff's theory in health malpractice cases.

6. The association opposes repeal or modification of the collateral source rule restricted only to health malpractice cases, and takes no position on repeal or modification of the rule in general at this time.

7. The association takes no position on the present rule as to the local standard of health care applied in health malpractice cases.

8. The association opposes imposition of periodic payment limitations, and reversions to the payor, with respect to health and malpractice awards.

9. The board approved changes in the...