Colorado § 13-64-502 - Limitation on actions.

§ 13-64-502. Limitation on actions.

(1) No claimant, including an infant or his personal representative, parents, or next of kin, may recover for any damage or injury arising from genetic counseling and screening and prenatal care, or arising from or during the course of labor, delivery, or the period of postnatal care in a health care institution, where such damage or injury was the result of genetic disease or disorder or other natural causes, unless the claimant can establish by a preponderance of the evidence that the damage or injury could have been prevented or avoided by ordinary standard of care of the physician or other health care professional or health care institution.

(2) (a) Medical records of or any other medical information concerning a person whose alleged death or injury is the subject matter of a civil action under subsection (1) of this section shall be discoverable by a party defendant under the provisions of the Colorado rules of civil procedure and shall not be inadmissible in evidence because of the provisions of section 13-90-107 (1)(d).

(b) Medical records and information concerning such person's genetic siblings, parents, and grandparents may be discoverable as provided in paragraph (a) of this subsection (2) if the defendant, after reasonable efforts, is unable to obtain appropriate releases and makes a showing to the court of the possible relevancy of such records or information. In such case, the court may order the production of such records. If deemed necessary, the court may hold an in camera proceeding on the relevancy of such records. No liability shall attach to any physician, health care professional, or health care institution as a result of the release of such medical records or information.

Source: L. 88: Entire article added, p. 623, § 1, effective July 1. L. 89: Entire section R&RE, p. 763, § 4, effective July 1.

ANNOTATION

Parents can recover damages against medical professionals who negligently misrepresented to woman patient that she was not a genetic carrier of Duchenne Muscular Dystrophy (DMD), and the woman relied on this information to conceive twins but would have not conceived had she known she was a carrier of DMD. Maldonado v. GeneDx, Inc., 2024 COA 121, 564 P.3d 672.