Tuesday, February 21, 2012

Colorado's Medical Transparency Act

Colorado's Medical Transparency Act

When people find themselves in the difficult and stressful situation of choosing a doctor, surgeon, or other health care provider to perform a major procedure or treatment, they likely conduct some research to ensure they are making the right choice, but much comes down to basic trust in the medical profession. While a high level of trust is necessary to feel at ease in another's care, a lot can be discovered about a health care provider's experience and credentials because of laws requiring medical professionals to publicly disclose background information.

In 2007, Colorado passed one of the first and most patient-oriented transparency acts in the country, requiring doctors to make public a broad range of information, including information that had been considered confidential like hospital privilege restrictions and medical malpractice settlements. The legislation arose from the tragic case of Michael Skolnik, who died after undergoing brain surgery. The surgeon had recently relocated to Colorado from Georgia after losing a medical malpractice suit based on the same surgery. The Georgia incident was not reported on his record in Colorado.

Under the "Michael Skolnik Medical Transparency Act," when Colorado health care providers apply for or renew a license, they must provide the following information:

  • Any public disciplinary action taken against the applicant by any other state or country

  • Any agreement whereby the applicant temporarily ceased or restricted practice

  • Any involuntary limitation on the applicant's privilege to practice at a hospital or clinic

  • Any involuntary surrender of the applicant's registration with the Drug Enforcement Administration

  • Any final criminal conviction or plea arrangement connected to a felony or crime of moral turpitude in any state or country

  • Any final judgment, settlement, or arbitration award for medical malpractice
The scope of the Skolnik Act was expanded in 2010 (legislation that went into effect in the second half of 2011) to include not only medical doctors, but also most licensed or registered health care providers, including podiatrists, chiropractors, dentists, midwives, nurses, physical therapists, psychologists, social workers, and family therapists, among others.

With health care providers under significant pressure to serve numerous patients as quickly and economically as possible, medical malpractice can result from oversights, mistakes, or incompetence. It is important to know if your doctor has a clean, or questionable, track record.

Colorado Medical Malpractice Attorneys

If you believe that you or a loved one has been the victim of medical malpractice in Colorado, please contact the attorneys at Paulsen & Armitage, LLC in Denver for a free and informative consultation.