See id. at 1221. Colorado Permanente Medical Group was also the decedent's insurer. See id. at 1222.
8.
Id. at 1222 n.8.
9.
See id. at 1221.
10.
See id. at 1218, 1222.
11.
See id. at 1222.
12.
See id. at 1222–23.
13.
See id. at 1224. Note that the trial court granted summary judgment against the HMO and dismissed it from the lawsuit. See id. at 1222. The HMO did petition the Colorado Supreme Court to become one of the parties on review, but the court denied the petition because the HMO had failed to demonstrate that it had been “substantially aggrieved” by the decision of the court of appeals and that its liability for judgments against the nurses constituted an injury or burden. Id. at 1224.
14.
Id. at 1224.
15.
See id. at 1225.
16.
See id. at 1226.
17.
See id. at 1228.
18.
See id. at 1227.
19.
See id. at 1220–21.
20.
See id. at 1229.
21.
The medical malpractice damages statute provides in relevant part: The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health care professional … shall not exceed one million dollars … of which not more than two hundred fifty thousand dollars, present value per patient … shall be attributable to noneconomic loss or injury. Id. at 1229 (emphasis added).
22.
See id. at 1230.
23.
See id. at 1222.
24.
See id. at 1231. The trial court determined that the nurses' collective proportion of liability was 35 percent. See id. The portion of the past medical expenses award attributed to the urgent care clinic physician and the providers is not offset because it falls within a contract exception under the statute. See id. at 1231–32.
25.
See id. at 1234 (MullarkeyJ., dissenting).
26.
See id. at 1226.
27.
See id. at 1230, 1231.
28.
See id. at 1226.
29.
See id. at 1234.
30.
See id. at 1235.
31.
See id. at 1234.
32.
FreedmanB., “A Moral Theory of Informed Consent,”Hastings Center Report, 5, no. 4 (1975): 32–39; FreedmanB., “On the Rights of the Voiceless,”Journal of Medicine & Philosophy, 3 (1978): 196–225; and FreedmanB., “Competence, Marginal and Otherwise,”International Journal of Law & Psychiatry, 4 (1981): 53–72.
33.
FreedmanB., “Equipoise and the Ethics of Clinical Research,”New Engl. J. Med., 317 (1987): 141–45.
34.
FreedmanB., “Placebo-Controlled Trials and the Logic of Clinical Purpose,”IRB: A Review of Human Subjects Research, 12, no. 6 (1990): 1–6.
