§ 13-64-502 — Limitation on actions

Colorado § 13-64-502

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Health Care Availability Act

Text

(1) No claimant, including an infant or his
personal representative, parents, or next of kin, may recover for any damage or
injury arising from genetic counseling and screening and prenatal care, or arising
from or during the course of labor, delivery, or the period of postnatal care in a
health care institution, where such damage or injury was the result of genetic
disease or disorder or other natural causes, unless the claimant can establish by a
preponderance of the evidence that the damage or injury could have been
prevented or avoided by ordinary standard of care of the physician or other health
care professional or health care institution.

(2) (a) Medical records of or any other medical information concerning a
person whose alleged death or injury is the subject matter of a civil action under
subsection (1) of this section shall be discoverable by a party defendant under the
provisions of the Colorado rules of civil procedure and shall not be inadmissible in
evidence because of the provisions of section 13-90-107 (1)(d).

(b) Medical records and information concerning such person's genetic
siblings, parents, and grandparents may be discoverable as provided in paragraph
(a) of this subsection (2) if the defendant, after reasonable efforts, is unable to
obtain appropriate releases and makes a showing to the court of the possible
relevancy of such records or information. In such case, the court may order the
production of such records. If deemed necessary, the court may hold an in camera
proceeding on the relevancy of such records. No liability shall attach to any
physician, health care professional, or health care institution as a result of the
release of such medical records or information.

Legislative History

Source: L. 88: Entire article added, p. 623, � 1, effective July 1. L. 89: Entire section R&RE, p. 763, � 4, effective July 1.