Petitioners: HEALTHONE d/b/a AURORA PRESBYTERIAN HOSPITAL; COPIC INSURANCE COMPANY; and GARY ARTHUR OGIN, M.D., v. Respondent: ROBERT RODRIGUEZ, by and through his next friend and legal guardian, LORI RODRIGUEZ., 50 P.3d 879

Summary

A patient sustained injuries while he was receiving treatment at a hospital. He initiated a medical malpractice action against the hospital and two physicians as he was left incapacitated. Before trial, the patient settled with his treating physician. The trial court granted summary judgment in favor of the non-treating physician. Following trial against the hospital, the jury rendered judgment in favor of the patient. The state supreme court granted certiorari to review several legal issues in the case. The state supreme court concluded as follows: (1) The patient did not waive his right to appeal by accepting attorney's fees as a result of the judgment against the hospital; (2) the non-treating physician still owed the patient a common law duty of reasonable care; and (3) Colo. Rev. Stat. § 13-64-205, which provided that the patient, as an incapacitated person, could not elect to receive future medical and non-economic damages in a lump-sum payment, did not violate equal protection ...