Estate of Harper ex rel. Al-Hamim v. Denver Health & Hospital Authority

140 P.3d 273, 2006 Colo. App. LEXIS 625, 2006 WL 1170858
CourtColorado Court of Appeals
DecidedMay 4, 2006
DocketNo. 04CA2398
StatusPublished
Cited by9 cases

This text of 140 P.3d 273 (Estate of Harper ex rel. Al-Hamim v. Denver Health & Hospital Authority) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of Harper ex rel. Al-Hamim v. Denver Health & Hospital Authority, 140 P.3d 273, 2006 Colo. App. LEXIS 625, 2006 WL 1170858 (Colo. Ct. App. 2006).

Opinion

ROTHENBERG, J.

In this wrongful death action, plaintiffs, Estate of Carolyn Harper, Don Yhwyn Harper, Khai Norchea Pearson, and Ngozi Ruki-ya Harper, appeal the trial court order granting the motions of defendant, Denver Health and Hospital Authority (Denver Health), for partial dismissal under C.R.C.P. 12(b)(5) and for attorney fees pursuant to § 13-17-201, C.R.S.2005. We affirm and remand for an award to Denver Health of the attorney fees it incurred on appeal.

I.

Carolyn Harper sought medical treatment at Denver Health’s Montbello Family Health Center following a business trip to West Africa. Erad A. Nash, a doctor at Denver Health, examined her, told her she was suffering from influenza, and prescribed ibuprofen. Four days later, she was placed in the intensive care unit at Aurora Medical Center, and shortly thereafter, she died from malaria.

Carolyn Harper was survived by her three children, Don Yhwyn Harper, Khai Norchea Pearson, and Ngozi Rukiya Harper. Plaintiffs, including Carolyn Harper’s three children, filed this lawsuit against Nash and Denver Health, alleging that Nash negligently diagnosed Harper’s condition and that Denver Health was vicariously liable for Nash’s negligence. Plaintiffs also sought a declaratory judgment that the Colorado Governmental Immunity Act was inapplicable in this ease or, in the alternative, was unconstitutional.

Denver Health and Nash moved to dismiss plaintiffs’ respondeat superior and declaratory judgment claims pursuant to C.R.C.P. 12(b)(5). The trial court dismissed all claims against Denver Health, awarded attorney fees to Denver Health pursuant to § 13-17-201, and certified its order pursuant to C.R.C.P. 54(b).

In this appeal, we address only the dismissal of plaintiffs’ vicarious liability claim [275]*275against Denver Health. The negligence claim against Nash is still pending, and the trial court did not certify as final the dismissal of the declaratory judgment against him.

II.

Plaintiffs contend the trial court erred in granting Denver Health’s C.R.C.P. 12(b) motion and in dismissing the claims against Denver Health. Relying on Pediatric Neurosurgery, P.C. v. Russell, 44 P.3d 1063 (Colo.2002)(Russell), plaintiffs maintain that § 25-29-101, et seq., C.R.S.2005 (the Health Authority Act), creates a statutory exception to the common law corporate practice of medicine doctrine and exposes Denver Health to vicarious liability. Plaintiffs rely on § 25-29-104(1), C.R.S.2005, which provides:

The mission of the authority [Denver Health] is to:
(a) Provide access to quality preventive, acute, and chronic health care for all the citizens of Denver regardless of ability to pay;
(b) Provide high quality emergency medical services to Denver and the Rocky Mountain region;
(c) Fulfill public health functions in accordance with the agreement entered into with the city pursuant to the authority granted in section 25-29-105 and the needs of the citizens of Denver;
(d) Provide for the health education of patients and ... participate in the education of the next generation of health care professionals; and
(e) Engage in research to the extent that it enhances the ability of the authority to meet the health care needs of its patients.

Because we conclude the Health Authority Act does not create a statutory exception to the corporate practice of medicine doctrine, we reject plaintiffs’ contention.

A.

■ We review de novo an order of dismissal under C.R.C.P. 12(b)(5). We accept as true the factual allegations in the complaint and view them in the light most favorable to the plaintiff. Dorman v. Petrol Aspen, Inc., 914 P.2d 909, 911 (Colo.1996); Shapiro & Meinhold v. Zartman, 823 P.2d 120 (Colo.1992); Negron v. Golder, 111 P.3d 538 (Colo.App.2004). A motion to dismiss may be granted only when the plaintiffs factual allegations cannot support a claim as a matter of law. Rosenthal v. Dean Witter Reynolds, Inc., 908 P.2d 1095 (Colo.1995).

Statutory interpretation is also a question of law which we review de novo. Klinger v. Adams County Sch. Dist. No. 50, 130 P.3d 1027 (Colo.2006); Ryals v. St. Mary-Corwin Reg’l Med. Ctr., 10 P.3d 654 (Colo.2000). When interpreting a statute, our task is to give effect to the intent of the General Assembly, Colo. Office of Consumer Counsel v. Pub. Utils. Comm’n, 42 P.3d 23 (Colo.2002), and we avoid interpreting a statute in a way that would defeat its intent. Klinger v. Adams County Sch. Dist. No. 50, supra.

We construe statutory language in a manner that gives effect to every word. However, we also consider the language in the context of the statute as a whole. See Anderson v. Longmont Toyota, Inc., 102 P.3d 323 (Colo.2004). It is only when a statute is reasonably susceptible of more than one meaning that we may consider other indicators, such as legislative history. Water Rights of Park County Sportsmen’s Ranch LLP v. Bargas, 986 P.2d 262 (Colo.1999).

B.

The corporate practice of medicine doctrine is a common law principle that recognizes “it is impossible for a fictional entity, a corporation, to perform medical actions or be licensed to practice medicine.” Russell, supra, 44 P.3d at 1067; Daly v. Aspen Ctr. for Women’s Health, Inc., 134 P.3d 450, 2005 WL 2456875 (Colo.App. No. 04CA0904, Oct. 6, 2005).

Under this doctrine, a corporation may not employ physicians, perform medical services, or interfere with a physician’s independent medical judgment. Russell, supra, 44 P.3d at 1067. The doctrine thus shields corporations from vicarious liability for the negligent acts of their physician employees. [276]*276Russell, supra, 44 P.3d at 1067; Moon v. Mercy Hosp., 150 Colo. 430, 373 P.2d 944 (1962); Rosane v. Senger, 112 Colo. 363, 149 P.2d 372 (1944).

Historically, the only exception to the corporate practice of medicine doctrine has been when a hospital committed independent acts of negligence. Moon v. Mercy Hosp., supra; Camacho v. Mennonite Bd. of Missions, 703 P.2d 598, 600 (Colo.App.1985); see also § 12-36-134(7)(a), C.R.S.2005. However, in 2002, the Colorado Supreme Court created another exception in Russell, supra.

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140 P.3d 273, 2006 Colo. App. LEXIS 625, 2006 WL 1170858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-harper-ex-rel-al-hamim-v-denver-health-hospital-authority-coloctapp-2006.