Two physicians named in lawsuit deny allegations

A Woody Creek man’s allegations that three doctors were negligent in diagnosing and treating him have been denied by two of the doctors named in the civil lawsuit.

Local Dr. William Rodman and Dr. Michael Hotard, a Greeley-area physician, denied any wrongdoing in formal responses to the lawsuit filed in October by Donald L. Roberts of Woody Creek. Dr. Paula Barclay of Basalt, the third physician Roberts accused of negligence, had not responded to Roberts’ complaint as of yesterday.

Roberts’ suit claims that in October 1997 he was under the care of Barclay and Hotard, and that Hotard was an employee of Rodman’s. Roberts further claims Barclay and Hotard were negligent in several capacities – by failing to appropriately monitor his condition, prescribe proper medications, and consult with medical specialists regarding his care.

Furthermore, the suit claims, the two doctors failed to inform Roberts of the risks related to his care and of alternative treatments, and to obtain Roberts’ informed consent. As a result, Roberts suffered several debilitating injuries and damages.

And because Hotard was acting as an employee of Rodman’s at the time, Rodman is liable for Hotard’s negligent acts, the suit claims.

However, Hotard claims “[Roberts’] damages, if any, are the sole and proximate result of a pre-existing condition.”

Furthermore, Hotard states, “[Roberts] was fully and frankly advised of the nature of his condition, the recommended treatment and the risk connected with the treatment, and as a consequence, the plaintiff voluntarily assumed the risks.”

Rodman formally denied that Hotard was his employee, according to court documents.

“Rodman denies that he is liable for any acts of Hotard, as Hotard was not and is not an employee or agent of Rodman,” the response states.

Roberts and Hotard have requested a trial by jury; Rodman asked the court to enter judgment against Roberts.