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Bakes v. Denver Health
Dr. Katie Bakes previously worked for Denver Health and Hospital Authority as an emergency room physician and as director of prehealth programs.
She alleges that Denver Health wrongfully terminated her from her directorship and constructively discharged her from her employment after she made a good faith report about concerns relating to patient safety or the quality of patient care — specifically, concerns about Denver Health’s approach to youth violence and systemic racism’s impact on Denver Health’s services.
Bakes filed this action asserting three claims against Denver Health, including, as relevant here, a claim under the Health Care Worker Protection Act. Denver Health filed motions under Colorado Rules of Civil Procedure 12(b)(1) and (5) and 56(h), asserting two bases for dismissal of the HCWPA claim. The district court granted the motions on both grounds. The court first concluded that the HCWPA claim is subject to the Colorado Governmental Immunity Act because Denver Health is a public entity (a fact that wasn’t disputed) and the claim sounds in tort, so the claim failed for lack of timely prefiling notice. The court also concluded that the HCWPA doesn’t create a private right of action.
Bakes filed an interlocutory appeal of the district court’s CGIA ruling under Section 24-10-108 of state law. Uncertain whether that appeal would encompass the ruling regarding the lack of a private right of action, she also filed a petition for interlocutory appeal of that ruling under appellate Rule 4.2(b). A division of the Colorado Court of Appeals granted the petition and consolidated the two appeals.
Essentially, the appeals court needed to decide whether any claims that might be asserted under HCWPA are subject to the notice requirement in the CGIA. The division concluded that they are. It affirmed the district court’s order dismissing the HCWPA claim that Bakes asserted against Denver Health.