Gray v. University of Colorado Hospital Authority, et. al., 2012COA113 (July 5, 2012)

A public hospital can wantonly kill but can’t be sued. In this case, a patient goes to CU’s hospital for monitoring of his epileptic seizures. Concerned, his family asks if they should stay with him. A staff member told them the patient would be monitored full time. He wasn’t, suffered a seizure, and died. The family sued and claimed the hospital and its employees consciously disregarded the danger. The court of appeals held that the hospital itself was immune from suit under the CGIA, even if it acted in a willful and wanton manner; its employees, though, were not immune. But wanton conduct must be alleged with specific facts (“upon information and belief” is fine) showing the defendant was consciously aware of a danger and acted or failed to act without regard for that danger. Here, only allegations against a doctor were sufficient and could go forward. All other claims were dismissed.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1041-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8587&courtid=1

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