July 18, 2019

Colorado Supreme Court: Hospital Assumed Duty to Protect Suicidal Patient from Self-Harm

The Colorado Supreme Court issued its opinion in In re P.W. v. Children’s Hospital Colorado on Monday, January 25, 2016.

Torts—Medical Malpractice—Comparative Negligence.

In this original proceeding arising out of a medical malpractice action, the Supreme Court considered whether the defendant hospital’s comparative negligence and assumption of risk defenses were properly dismissed on summary judgment. First, the Court analyzed the nature of defendant’s duties toward the patient and determined that defendant undertook to render mental healthcare services to prevent the patient from engaging in self-harm. The Court then reasoned that the scope of defendant’s assumption of duty subsumed any legal duty the patient had not to engage in foreseeable self-destructive behavior. Accordingly, the Court concluded that defendant cannot assert the patient’s comparative negligence under the facts of the case and discharged the rule.

Summary and full case available here, courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*