12-561. Definitions In this chapter, unless the context otherwise requires: 1. " Licensed health care provider" means both: (a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of […]
12-562. Medical malpractice actions; grounds A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561. B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery. C. A medical malpractice action based […]
12-563. Necessary elements of proof Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care: 1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care […]
12-564. Qualified immunity; students; duty of care A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider is not liable in a medical malpractice action for injury that occurs during or as a result of […]
12-565. Health care actions; collateral source evidence A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States […]
12-566. Health care actions; complaint; specific amount of damages not to be stated In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied.
12-567. Civil fertility fraud; liability; statute of limitations; definitions A. A woman who gives birth to a child after being treated for infertility by a physician, the spouse of the woman, the surviving spouse of the woman or the child born as a result of the actions of a physician described in this section may […]
12-568. Review of attorneys’ fees in health care actions; guidelines A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party’s attorneys’ fees. The court shall take into consideration the following: 1. The time and labor required, the novelty and difficulty of the questions […]
12-569. Non-admissibility of certain types of evidence relating to professional liability insurance During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant to section 12-567, evidence that any party or that any witness testifying in such trial, hearing, or review […]
12-570. Malpractice settlement or award reporting; civil penalty; definition A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment: 1. The professional liability insurers shall provide the defendant’s health profession regulatory board with all information required to be […]
12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses A. A health professional as defined in section 32-3201 or a health professional who meets the requirements of section 32-3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional’s certificate or license at a nonprofit […]
12-572. Burden of proof for treatment in emergency departments or rendered by on-call providers A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section 32-3201 who provides or who is consulted to provide services to a patient of a licensed hospital […]
12-573. Limited liability for treatment related to delivery of infants; exception; definition A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13 or 17 is not liable to the pregnant female patient, the child or children delivered […]
