C.R.S. Section 13-25-135
Evidence of admissions

  • civil proceedings
  • unanticipated outcomes
  • medical care

(1)

In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health-care provider or an employee of a health-care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as the result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

(2)

For purposes of this section, unless the context otherwise requires:

(a)

“Health-care provider” means any person licensed or certified by the state of Colorado to deliver health care and any clinic, health dispensary, or health facility licensed by the state of Colorado. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.

(b)

“Relative” means a victim’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse’s parents. The term includes said relationships that are created as a result of adoption. In addition, “relative” includes any person who has a family-type relationship with a victim.

(c)

“Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent.

(d)

“Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result.

Source: Section 13-25-135 — Evidence of admissions - civil proceedings - unanticipated outcomes - medical care, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑25‑101
Printed statutes - reports of decisions 13‑25‑102
United States census bureau mortality table as evidence 13‑25‑104
Proof of handwriting 13‑25‑105
Certificate of register - patent 13‑25‑106
Judicial notice of laws of other jurisdictions 13‑25‑107
Proceedings of cities and towns 13‑25‑108
Evidence of assessment 13‑25‑109
Recording of patents to land 13‑25‑110
Patent - copy of record 13‑25‑111
Patents already recorded 13‑25‑112
Fees of recorder 13‑25‑113
Lost deed - bond - note - affidavit 13‑25‑114
Certificate of publisher 13‑25‑115
Certificate of head officer 13‑25‑116
Water officials’ records 13‑25‑117
Parties plaintiff 13‑25‑118
Joint defendants 13‑25‑119
Dying declarations 13‑25‑120
Corporate resolutions and minutes 13‑25‑121
Reports of death 13‑25‑122
Person missing, interned, or captured 13‑25‑123
Report deemed pursuant to law 13‑25‑124
Libel and slander - how pleaded 13‑25‑125
Justification - pleaded and proved 13‑25‑125.5
Libel and slander - self-publication 13‑25‑126
Genetic tests to determine parentage 13‑25‑126.5
Documents arising from environmental self-evaluation - admissibility in evidence 13‑25‑127
Civil actions - degree of proof required 13‑25‑128
Rules of evidence - grant of authority subject to reservation 13‑25‑129
Statements of a child - hearsay exception 13‑25‑129.5
Statements of persons with intellectual and developmental disabilities - hearsay exception 13‑25‑130
Criminal actions - use of photographs, video tapes, or films of property 13‑25‑131
Civil actions - sexual assault - certain evidence presumed irrelevant 13‑25‑132
Criminal actions - video tape depositions - use at trial 13‑25‑133
Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception 13‑25‑134
Electronic records and signatures - admissibility in evidence - originals 13‑25‑135
Evidence of admissions - civil proceedings - unanticipated outcomes - medical care 13‑25‑136
Criminal actions - prenatal drug and alcohol screening - admissibility of evidence 13‑25‑137
Admissibility of commercial packaging 13‑25‑138
Victim’s and witness’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order 13‑25‑139
Criminal action - interference with witness - forfeiture by wrongdoing
Green check means up to date. Up to date

Current through Fall 2024

§ 13-25-135’s source at colorado​.gov