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CENTER FOR LEGAL ADVOCACY v. EARNEST

No. 02-1135.

320 F.3d 1107 (2003)

CENTER FOR LEGAL ADVOCACY, doing business as Legal Center for People with Disabilities and Older People, also known as Legal Center, Colorado's Protection and Advocacy System, P & A System, Plaintiff-Appellant, v. Michael EARNEST, M.D., in his official capacity as Medical Director of Quality Review and Improvement; Patricia Gabow, M.D., in her official capacity as Medical Director and Chief Executive Officer; Denver Health and Hospital Authority, also known as DHHA, doing business as Denver Health Medical Center, also known as DHMC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 25, 2003.

Attorney(s) appearing for the Case

Terry L. Fowler (Mark J. Ivandick with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Sharon E. Caulfield (W. Stuart Stuller with her on the brief) of Caplan and Earnest, LLC, Boulder, CO, for Defendants-Appellees.

Before HENRY and McKAY, Circuit Judges, and OBERDORFER, Senior District Judge.

McKAY, Circuit Judge.

This case arose out of the death of a homeless person who died while being treated by the Defendant Hospital. On December 22, 2000, a Mr. Doe apparently fell on a Denver sidewalk and injured his head. He was taken by ambulance to the emergency room at the Hospital where he was admitted and treated for a head laceration and acute alcohol intoxication. The record indicates that as part of his initial...

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