96CD5541775C4F20872583C80070826F Hearing Summary

Senators Pettersen and Tate explained SB19-201, concerning the creation of a process by which certain parties to an adverse health care incident may discuss potential outcomes.  Senator Petterson discussed the benefits of bringing adverse parties together when unintended consequences occur.  She stressed there are pathways to better understand what happened without court involvement.  Senator Tate discussed its implementation in Iowa and the associated cost savings.  Committee members asked questions about the process and outcomes.   

Jim Levanthal. representing himself as a medical malpractice lawyer, spoke in opposition to the bill.  He expressed concerns that the bill shields evidence of prior claims from reporting agencies. He raised other issues about shielding doctors' names from the public, lack of reporting requirements to the Department of Regulatory Agencies (DORA), and taxable claims.  He distributed an article about physicians prone to malpractice claims (Attachment A).   Mr. Levanthal answered questions from the committee about other applicable provisions in current law and incentives to settle a case.  Physician responsibility and repeat behavior was also discussed.

David Woodruff, representing himself as a medical malpractice lawyer, spoke in support of the bill.  He explained his work representing patients and the litigious nature of medical malpractice suits.  He stressed that the bill gives an opportunity for doctors and patients to enter into a dialogue to find answers and potentially avoid litigation.  The committee discussed caps on damages and DORA reporting requirements for physicians. 

Lorraine Parker, representing herself as a plaintiffs attorney, testified in favor of the bill.  She discussed how the bill provides a less controversial way to resolve cases. 

Jean Martin, representing herself as an attorney and emergency room physician, testified in support of the measure.  She discussed the importance of candor and allowing a physician to discuss the "nuts and bolts" of a situation.  She stressed that the bill does not change other safeguards and protections under current law.  She distributed a handout regarding the National Practitioner Data Bank (Attachment B). 

Dr. Wilson Pace, representing the Colorado Academy of Family Physicians, testified in support of the bill.  He noted that the bill is about patients and finding a better way to help them resolve siuations with their physicians out-of-court.  He stressed the therapeutic nature of the process and answered questions from the committee. 

Senator Pettersen presented and explained amendment L. 001 (Attachment C). 

Senator Lee compared this bill to restorative justice. 

Senators Pettersen and Tate made closing remarks.