If you or a loved one has suffered harm due to a medical error in Colorado, you may be aware of the state's efforts to promote transparency and accountability in healthcare. One such initiative is the Colorado Candor Act, enacted in 2019. While it intends to foster open communication between healthcare providers and patients, it introduces complexities that can significantly impact your medical malpractice claim. Understanding these nuances is crucial to making informed decisions about your legal options.
What Is the Colorado Candor Act?
The Colorado Candor Act encourages healthcare providers to engage in open discussions with patients following an adverse event in healthcare. These discussions aim to:
- Notify the patient of the medical error or unexpected outcome.
- Explain what went wrong and why.
- Apologize or express regret.
- Offer compensation or a remedy.
These conversations are intended to be confidential and are not admissible in court if a lawsuit is later filed. The goal is to resolve issues without the need for prolonged litigation, benefiting both patients and providers by promoting early resolution and improving patient safety.
How the Candor Act Affects Your Medical Malpractice Claim
While the Candor Act offers a pathway to swift resolution, it also presents several challenges for patients considering a malpractice claim:
1. Confidentiality of Communications
Discussions held under the Candor Act are privileged and confidential. This means that any admissions of fault, internal reviews, or apologies made during these conversations cannot be used as evidence in a subsequent lawsuit. While this confidentiality encourages open dialogue, it can limit your ability to use these discussions to support your claim in court.
2. Potential Waiver of Legal Claims
If you accept compensation through the Candor process, you may be required to sign a settlement agreement that includes a waiver of future legal claims. Accepting such an offer could forfeit your right to pursue a full medical malpractice lawsuit, even if the compensation offered is insufficient to cover your medical expenses or other damages.
3. Statute of Limitations Remains in Effect
Participating in the Candor process does not pause the statute of limitations for filing a medical malpractice claim in Colorado, which is generally two years from the date of the injury or its discovery. If the Candor discussions do not lead to a satisfactory resolution, you must still file a lawsuit within this timeframe to preserve your legal rights.
4. Limited Scope of the Candor Process
The Candor Act applies only to "adverse healthcare incidents," which are defined as events where a patient suffers harm due to a medical error. It does not cover all forms of medical malpractice, such as those involving intentional misconduct or gross negligence. Additionally, the healthcare provider initiates the process, and patients cannot compel providers to engage in Candor discussions.
What Should You Do If You're Invited to Participate in the Candor Process?
If you receive a written notice under the Candor Act, it's essential to approach the situation with caution:
- Do Not Sign Anything Without Legal Advice: Before agreeing to participate or accepting any compensation, consult with an experienced medical malpractice attorney to understand the implications fully.
- Understand Your Rights: Ensure you are aware of your legal rights, including the statute of limitations and the potential consequences of accepting a settlement.
- Consider All Options: Evaluate whether participating in the Candor process or pursuing a traditional lawsuit is in your best interest, considering the severity of your injuries and the adequacy of any compensation offered.
Medical Malpractice Attorney in Denver, CO
The Colorado Candor Act aims to improve transparency and patient safety by encouraging open communication between healthcare providers and patients. However, it introduces complexities that can impact your medical malpractice claim, including confidentiality of communications, potential waiver of legal rights, and the need to adhere to strict timelines. If you have been harmed due to a medical error, it's crucial to consult with an experienced attorney who can help you navigate these complexities and protect your legal rights.
If you or a loved one has been affected by a medical error in Denver, don't navigate the complexities of the Candor Act alone. Contact Denver Trial Lawyers® today for a free consultation. Our experienced team is dedicated to fighting for the justice and compensation you deserve. Call us at (303) 647-9990 or visit www.denvertriallawyers.com to learn more.
