Some studies have shown that there is no significant correlation between malpractice history and a [insert applicable type of health-care provider]'s competence. At the same time, the [insert name of applicable regulator] believes that consumers should have access to malpractice information. To make the best health-care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a health-care provider based solely on malpractice history. When considering malpractice data, please keep in mind: Malpractice histories tend to vary by profession and, as applicable, by specialty. Some professions or specialties are more likely than others to be the subject of litigation. You should take into account how long the health-care provider has been in practice when considering malpractice averages. The incident causing the malpractice claim may have happened years before a malpractice action is finally resolved. Sometimes, it takes a long time for a malpractice lawsuit to move through the legal system. Some health-care providers work primarily with high-risk patients. These health-care providers may have malpractice histories that are higher than average because they specialize in cases or patients who are at very high risk for problems. Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health-care provider. A payment in settlement of a malpractice action or claim should not be construed as creating a presumption that malpractice has occurred. You may wish to discuss information provided by the [insert name of applicable regulator], and malpractice generally, with your health-care provider. The information posted on the [applicable regulator's] website was provided by applicants for a license and applicants for renewal, reinstatement, or reactivation of a license.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 757, § 1, effective October 1. L. 2020: (4)(f) amended, (HB 20-1402), ch. 216, p. 1044, § 19, effective June 30; (3)(a)(XXIII) amended, (HB 20-1183), ch. 157, p. 696, § 37, effective July 1. L. 2021: (12) amended, (SB 21-097), ch. 111, p. 438, § 2, effective September 1.
Editor's note: This section is similar to former § 24-34-110 as it existed prior to 2019.
Structure Colorado Code
Title 12 - Professions and Occupations
Article 30 - Provisions Applicable to Health-Care Professions and Occupations
Part 1 - Miscellaneous Provisions Applicable to Health-Care Professions and Occupations
§ 12-30-103. Solicitation of Accident Victims - Waiting Period - Definitions
§ 12-30-104. Health-Care Prescriber Boards - Disciplinary Procedures - Definitions
§ 12-30-106. Health-Care Work Force Data Collection - Repeal
§ 12-30-107. Mammography Report - Dense Breast Tissue - Required Notice
§ 12-30-108. Confidential Agreement to Limit Practice - Violation Grounds for Discipline
§ 12-30-109. Prescriptions - Limitations - Definition - Rules
§ 12-30-110. Prescribing or Dispensing Opiate Antagonists - Authorized Recipients - Definitions
§ 12-30-111. Electronic Prescribing of Controlled Substances - Exceptions - Rules - Definitions
§ 12-30-112. Health-Care Providers - Required Disclosures - Rules - Definitions
§ 12-30-113. Out-of-Network Health-Care Providers - Out-of-Network Services - Billing - Payment
§ 12-30-114. Demonstrated Competency - Opiate Prescribers - Rules - Definition
§ 12-30-116. Protection for Administering Medical Marijuana at School
§ 12-30-118. Acceptance of Transfers From Home and Birthing Centers