Shelton v. Penrose-St. Francis Healthcare System

Opinion by

Judge CRISWELL.

Defendant, Penrose-St. Francis Healthcare System (hospital), appeals from a judgment entered on a jury verdict finding that licensed nurses on its staff negligently caused injury to plaintiff Gretchen May Shelton. The hospital asserts that the trial court erred in refusing to dismiss plaintiffs complaint for her failure to file a certificate of review, as required by § 13-20-602, C.R.S. 1997. We agree and reverse.

In 1982, plaintiff underwent a total hip replacement surgery following a fracture to her left hip. In 1988, she fell and fractured the left femur around the…