LAW WEEK COLORADO
Prop. 106 — the aid-in-dying state ballot question that passed in November — came with its ethical challenges, but now that the law is set to go into effect, hospitals, doctors and their legal counsel are looking at the built-in legal protections and safeguards in offering the end-of-life option.
The new law includes provisions that establish immunity from liability if the physician is acting in good faith, a higher standard than what is usually included in medical statutes, said Mark Fogg, general counsel for COPIC, which provides professional liability insurance to physicians and other health care professionals.
Fogg, who has spent more than 30 years working on health care-related claims including medical malpractice, said the good faith standard having been written into the proposition is a big deal when it comes to medical malpractice law.
“The usual standard is negligence or unreasonableness — it (the good faith standard) is in the minority of statutes, or case law,” Fogg said.