Drafted by the Interprofessional Committees of the Colorado Bar Association, Colorado Medical Society, Denver Bar Association and Denver Medical Society
| Publication year | 1987 |
| Pages | 31 |
| Citation | Vol. 16 No. 1 Pg. 31 |
1987, January, Pg. 31. Drafted by the Interprofessional Committees of the Colorado Bar Association, Colorado Medical Society, Denver Bar Association and Denver Medical Society
The participating groups recognize that the mere filing of an action in court, even if the action is without substantive merit, causes substantial harm to the reputation and practice of the concerned health care provider or facility as well as those persons associated with or employed by the health care provider or facility. The participating groups recognize that the court process is expensive and time-consuming, and that the passage of time itself can cause harm.
This Plan is designed to provide a means, within the bounds of Colorado law, for speedy disposition of claims through binding arbitration pursuant to the Uniform Arbitration Act of 1975, and Rule 109 of the Colorado Rules of Civil Procedure. Claims will be determined by arbitrators who possess expertise concerning the issues involved, thus assuring to the participants full and fair hearings before informed adjudicated panels.
The Plan has been endorsed by the Denver Bar Association, the Denver Medical Society, the Colorado Bar Association and Colorado Medical Society.
Those appointed to Arbitration Panels hereunder will be chosen for their impartiality, integrity, judicial temperament and knowledge, and must not allow personal prejudice or bias to influence findings or determinations.
Each group participating in this Plan shall designate a member to serve as its Representative. Each Representative shall be responsible for the supervision and administration of the Plan, and shall appoint members of his or her group to serve on Panels.
A Panel shall consist of six members: three attorneys designated by the Bar Association Representative and three members of the group against whose member the claim of malpractice is made.
The Bar Association Representative shall select two attorneys, one of whom customarily represents plaintiffs and one of whom customarily represents defendants. They shall select a third attorney who shall Chair the Panel.
The Representative of the group against whose member the claim of malpractice is made shall select three members, at least one of whom practices in the specialty in which the respondent practices, and the other two of whom practice in closely related specialties.
Challenges for cause shall be allowed in the same manner and according to the same rules and laws applicable to selection of jurors in the district courts of the state. Such challenges shall be made by a date set by the Panel Chairman.
After the selection of the Panel members, each side shall be allowed one peremptory challenge, which may be exercised by a date set by the Panel Chairman. If a peremptory challenge is not exercised by that date, it shall have been waived. Upon the exercise of a peremptory challenge, the Representative of the group from whose membership the challenged panel member was chosen shall designate another member of the group to serve as a Panel member. The new appointee shall be subject to challenge for cause only.
An attorney may submit a claim by addressing a request in writing to the Bar Association, signed by himself and his client. The request shall contain the following:
A. A statement of the facts of the case, identifying the persons involved, and the dates and circumstances of the alleged breach of professional duty. This statement, though brief, should consist of specific statements of fact, and must be sufficiently comprehensive to allow the group representatives and Panel members to determine the nature of the controversy...
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