Civil Suits and DORA Investigations: Navigating Parallel Proceedings
This program will discuss and explore the challenges defense counsel encounter when simultaneously defending a civil suit against a medical provider (nurse or doctor) and responding to a disciplinary proceeding instituted by the Colorado Medical or Nursing Board. Some of the issues to be addressed include:
- What if the provider's interest in the DORA proceeding and the litigation strategy diverge?
- Discoverability and use of evidence from one proceeding in the other.
- Unique issues that arise in federal litigation (such as 42 U.S.C. § 1983 actions).
- Applicability of state peer review privileges in federal litigation.
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