Understanding the Colorado Candor Act and Its Impact on Malpractice Claims
When a patient suffers harm due to a medical error, holding healthcare providers accountable can be challenging. In Colorado, the Candor Act was enacted to create a more transparent, communicative environment around such events.
While the Act is designed to promote medical error disclosure and improve patient safety, it also carries significant legal implications for those considering a malpractice claim.
At Leventhal Puga Braley P.C., we represent clients in complex medical malpractice cases across Colorado. If you are navigating a potential claim after a serious medical incident, understanding how the Candor Act affects your rights is essential.
What Is the Colorado Candor Act?
The Colorado Candor Act, enacted in 2019, encourages healthcare providers and facilities to engage in open communication with patients and families after an adverse medical event. The goal is to promote early resolution, provide honest answers, and avoid prolonged litigation whenever possible.
Under the Act, providers can initiate a Candor process to:
- Notify a patient of a medical error or unexpected outcome
- Disclose what went wrong and why
- Apologize or express regret
- Offer compensation or a remedy
These conversations are intended to take place outside of court and be confidential, meaning the discussions cannot be used later as evidence in a lawsuit.
Why Was the Candor Act Created?
Despite clear evidence to the contrary, healthcare providers feared legal exposure if they admitted fault. As a result, many patients received little or no explanation when things went wrong.
However, the Candor Act, which was modeled after similar programs in other states, aimed at improving malpractice transparency and patient safety.
Supporters of the Act argue that:
- Open dialogue builds trust between providers and patients
- Early disclosure reduces the need for litigation
- Apologies and compensation can bring closure
- Learning from errors prevents future harm
Key Provisions of the Colorado Candor Act
The law outlines a formal process for disclosure and resolution. Key provisions include:
- Notice Requirement: The healthcare provider must give the patient written notice of the intent to initiate a Candor process.
- Confidentiality: All communications during the process are confidential and not admissible in court.
- Written Agreements: If compensation is offered and accepted, a written settlement agreement may include waivers of future claims.
These protections are designed to encourage participation from providers, but they also mean patients must carefully consider the consequences of accepting a settlement without legal advice.
How the Candor Act Affects Malpractice Claims
The Candor Act does not replace the traditional malpractice system, but it creates a parallel pathway that can impact your legal rights in several ways.
Confidentiality May Limit Evidence
Because statements made during the Candor process are confidential, you cannot use them in court if the case proceeds to litigation. This includes:
- Admissions of error
- Internal reviews or findings
- Apologies from the provider
This limits a patient’s ability to rely on those discussions to prove a breach of the standard of care.
Settlement May Waive Legal Claims
If you accept an offer made during the Candor process, the settlement agreement may include a waiver of your right to sue. While you may receive compensation, you could forfeit the chance to fully investigate the incident or pursue larger damages through a formal malpractice claim.
Time Limits Still Apply
The Colorado statute of limitations for medical malpractice is generally two years from the date of injury or its discovery. Participating in the Candor process does not pause this deadline. If you’re involved in Candor talks, your attorney should track the timeline closely to preserve your legal options.
Potential for Reduced Compensation
While the Act aims to resolve disputes efficiently, compensation offered through Candor is often less than what might be obtained through litigation. For example, it may not fully cover:
- Future medical costs
- Lost wages or earning potential
- Pain and suffering
- Emotional trauma
Should You Participate in the Candor Process?
There are pros and cons to participating in a Candor conversation. The benefits may include:
- Receiving an explanation of what happened
- Prompt financial relief
- Avoiding the stress of a lawsuit
However, the drawbacks are significant:
- You may accept less compensation than you deserve
- You may unknowingly give up legal rights
- You may waive the right to use those statements in court
The safest approach is to speak with a medical malpractice attorney before engaging in or agreeing to any outcome from a Candor process.
How We Support Patients Under the Candor Act
As one of Colorado’s premier Denver healthcare law firms, we provide:
- Strategic Guidance: We explain your rights, the risks, and whether Candor is right for your situation.
- Document Review: We analyze any proposed settlement agreements before you sign.
- Independent Investigation: We ensure no medical error is overlooked, even if the provider offers a quick resolution.
- Full Valuation of Claims: We calculate economic and noneconomic damages to assess whether an offer is fair.
What You Should Do If You Receive a Candor Notice
If you’ve received a written notice under the Candor Act, take the following steps:
- Do not sign anything without legal advice
- Contact an experienced malpractice attorney immediately
- Collect your medical records and any communication from the provider
- Avoid verbal agreements or informal settlements
Speak With Our Denver Malpractice Lawyers Today
The Colorado Candor Act was designed to promote openness in medicine, but it also carries legal risks when it comes to filing a medical malpractice claim in the state.
If you’ve been invited to a Candor conversation or suffered harm due to a medical error, Leventhal Puga Braley P.C. can represent you in the Candor process, attend all meetings, and prepose evidence to show the validity of your claim and damages.
Contact our medical malpractice attorneys at (303) 759-9945 or (877) 433-3906. We can help you understand your rights under the law and determine the best course of action for securing justice.