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State Changes Attorney Monitoring After CALL7 Investigation
New Rules Require Attorneys To Prove Visits With Patients
POSTED: 9:41 am MST December 10, 2009
UPDATED: 5:44 pm MST December 10, 2009
DENVER -- The Colorado State Judicial department is changing the way it monitors lawyers paid to represent mentally ill patients after a CALL7 investigation questioned whether the patients’ rights were protected.State court administrator Gerald Marroney said he will now require attorneys who represent mental patients to sign in when visiting clients and to certify they have not been subject to any attorney disciplinary actions or they have had their malpractice insurance suspended or canceled.“I think you have raised legitimate issues here with regard to the way to proceed with regard to these cases,” Marroney said. “It concerns me as to whether we are properly handling things.”
The change comes after a CALL7 investigation into the death of 21-year-old Josh Garcia, who died after he received medication that the hospital initially wanted to give him involuntarily.Garcia’s attorney, Corrine Martinez-Casias, stipulated that Garcia would take the medication, but records obtained by CALL7 investigators question whether she ever met with her client.Garcia’s family is suing claiming the hospital, claiming staff did not monitor Josh, causing an intestinal blockage that eventually burst his bowels and led to his death. His death certificate read “medical misadventure.” The family also settled with Martinez-Casias for an undisclosed amount.Under the current system, attorneys are paid $267 a case and do not have to submit any documentation of work done for the patient. Last year, she made $109,000 representing patients.Under the new rules, judicial officials will be able to audit the lawyers time monthly to make sure the lawyers are doing their jobs.“We can certainly improve our process in making them give us the time records so we can see that they met with the client,” Marroney said. “We can do a follow-up because we have the information in time records to us and hopefully in some kind of document from the hospital that they have logged in and logged out.”Martinez-Casias repeated declined requests for an interview.
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