In Crow v. Penrose-St. Francis Healthcare System, a Colorado Appeals Court awarded attorneys’ fees to a hospital that successfully defended the claim by a physician seeking damages for breach of contract and torte claims. 

The Colorado Rules of Civil Procedures authorized an award of attorneys’ fees when a trial court dismissed an action under Section 12(b) of the Colorado Rules of Civil Procedure. The case was dismissed by the Court because the physician had failed to pursue his administrative remedies under the Medical Staff Bylaws. 

There was no mention of the attorneys’ fees provisions of the Health Care Quality Improvement Act as a basis for the decision.