Colorado State Board of Medical Examiners v. Roberts

Opinion by

Judge PLANK.

Appellant, Alfred D. Roberts, M.D., seeks review of a denial by the Colorado State Board of Medical Examiners of his request for initiation of formal disciplinary proceedings pursuant to § 12-86-118(4)(c)(IID), C.R.S.2001. We reverse and remand.

Roberts, an ophthalmologist, was sued for malpractice by a former patient. The patient's claim arose from LASIK surgery performed by Roberts; the patient claimed that the technician assisting Roberts in the surgery had not seated a microkeratome footplate correctly. This error resulted in a full thickness cut in the cornea, and,…