Firm-Wide blog

Colorado Candor Act Changes the Way Medical Malpractice Claims Are Handled

By Burg Simpson
November 10, 2020
3 min read

The Colorado Candor Act, a bipartisan effort that took effect in July of 2019, has changed the way that medical malpractice claims are handled in the State of Colorado. The act has created a framework for medical professionals and health care facilities to offer timely and thorough responses to patients who experience an adverse health care incident.

 A Non-Adversarial Process

The Colorado Candor process has formalized a non-adversarial process designed to further open communication about the health care incident. The discussions are intended to define what happened, why it happened, and what can be done to prevent similar issues from happening in the future.

Resolving Matters Outside the Courtroom

The act has created a new process whereby medical negligence cases can potentially be resolved outside of the courtroom and in a private manner. When a physician and a patient enter into an ‘open discussion’ via the Colorado Candor process, their correspondence is confidential. The open discussion process must be initiated within 180 days of the date that a doctor/provider knew or should have known that an adverse health care incident occurred. Should a medical malpractice settlement be reached, it is privileged information and does not have to be reported for further investigation by the Colorado Medical Board.

If You Have a Medical Malpractice Claim

If you or your loved one suffered from a serious injury as a result of medical negligence, the medical malpractice attorneys at Burg Simpson have experience with the Colorado Candor process and can help you protect your legal rights. Call Burg Simpson regarding a free case evaluation today at (303) 792-5595.

About the Medical Malpractice Team

Scott Eldredge is a named shareholder and the practice group leader of the Medical Malpractice Department. He is joined by shareholder Angela McGraw and trial lawyers Marc Johnson and Charles Mendez. The team focuses primarily on complex medical malpractice cases with a particular emphasis on birth injury cases.

About Burg Simpson Eldredge Hersh & Jardine

One of America’s foremost plaintiff trial firms, Burg Simpson Eldredge Hersh & Jardine,  has a reputation for fighting relentlessly and successfully for victims of negligence, malfeasance, malpractice, and abuse. Burg Simpson has secured more than $1 billion in verdicts, settlements, and judgments in practice areas spanning catastrophic personal injury, mass tort and class actions regarding dangerous pharmaceutical drugs and devices, medical malpractice, complex commercial and business litigation, construction defects, and workers’ compensation. The firm’s success has included more than 200 recoveries in excess of $1 million.

Burg Simpson was founded in 1976 by distinguished American trial lawyer Michael Burg. Mr. Burg is an inductee in the Trial Lawyer Hall of Fame and a recipient of the Clarence Darrow Award. He has also been named to the 2016 RoundTable: America’s 50 Most Influential Trial Lawyers by The Trial Lawyer magazine; Law Week’s “Barrister’s Best” as “Best Civil Litigator”; and one of “America’s 50 Leading Trial Lawyers” by the U.S. Legal 500. Mr. Burg has also been recognized by Best Lawyers in America® and Super Lawyers®. Burg Simpson Eldredge Hersh & Jardine now has more than 70 lawyers and over 100 legal professionals. The firm is based in Colorado and has offices in Arizona, Florida, Nevada, New Mexico, Ohio, and Wyoming.



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