LAW WEEK COLORADO
DENVER — Proposed pretrial rules for medical-malpractice and business lawsuits in five Denver metro area districts get a public hearing on Wednesday at 1:30 p.m. at the Colorado Supreme Court.
The Civil Access Pilot Project would streamline the discovery procedure for med-mal and business claims by calling for the mandatory disclosure of information in certain situations.
The Colorado Medical Society has voiced concern about the project.
“New rules are going to radically change the rules of evidence in medical malpractice cases,” said the medical society’s Edie Sonn. “It also affects some other business torts. The impact is going to make it significantly more difficult for physicians to defend themselves in medical-malpractice cases.”
The Pilot Project Rules are based on principles set forth in a report by the American College of Trial Lawyers and the University of Denver’s Institute for the Advancement of the American Legal System.
The changes would only apply to five metro area districts. The chief judges in the applicable districts have asked the Supreme Court to adopt the rules, Chief Justice Michael Bender said in last week’s State of the Judiciary speech.
“Individuals and businesses alike are finding it increasingly difficult to use our civil justice system,” Bender said. “The high cost of legal services and the growing complexity of the civil discovery process have made the cost of civil litigation prohibitive. As a result, the number of civil trials has dramatically diminished and many civil disputes are not resolved by a jury of peers.”
