Every day, the safety of our community rests upon the integrity and competency of our medical professionals, especially those in emergency departments. My own family, like countless others in Colorado Springs, CO, relies on these essential services during our most vulnerable moments. However, the presence of Dr. Kness, a physician with a documented history of negligence, confirmed patient death, and alleged record falsification, has shattered our confidence in this critical pillar of public safety.

Organizations like the Department of Regulatory Agencies (DORA) and the Colorado Medical Board hold the responsibility to ensure that licensed practitioners uphold the highest standards of care. Yet, despite these established protections, the prior disciplinary action taken against Dr. Kness—a mere Admonition—falls considerably short of safeguarding public health. This minimal response has left our community exposed to unacceptable risks.

We urge immediate regulatory action to permanently revoke Dr. Kness's Colorado medical license (DR.0044402). This step is not only logical but necessary; it is crucial that we hold medical professionals accountable for their actions and protect future patients from potential harm.

Concrete measures must be undertaken by DORA without delay. An immediate formal investigation should be initiated, spanning Dr. Kness's practice jurisdictions in both Colorado and California. Furthermore, a forensic document review and subpoena process must be set into motion to uncover any deliberate misrepresentation of patient records.

The circumstances demand swift and decisive action to prioritize the wellbeing of all citizens in Colorado Springs and beyond. The revocation of Dr. Kness's license will restore our trust in the medical community and reaffirm our commitment to the highest standards of health care. Join us in advocating for the safety we all deserve—sign this petition to demand accountability and protect our community.

 

 

Formal Demand: Petition for Revocation of Medical License Dr. Sean T. Kness, MD (DR.0044402) and Strategy for Public Accountability
 

 

I. Executive Summary: The Imperative for Immediate License Revocation
 

This expert analysis documents an exhaustive pattern of alleged systematic clinical negligence, professional dereliction, and breaches of medical ethics concerning Dr. Sean T. Kness, MD (License DR.0044402), demanding the immediate intervention of the Colorado Medical Board, a division of the Department of Regulatory Agencies (DORA). The evidence, sourced from formal regulatory action, civil litigation, and extensive patient reports spanning over two decades, demonstrates that Dr. Kness’s professional conduct crosses the critical threshold for chronic public endangerment, necessitating the highest level of disciplinary response: revocation of his license.

 

A. Synopsis of Systemic Failure and Immediate Public Risk
 

The core finding of this petition is that the professional lapses of Dr. Kness are not attributed to isolated clinical error but represent a systemic, persistent pattern of failure that has been confirmed by formal external accountability measures. The unacceptable threshold of misconduct was demonstrably reached in 2019 when a patient died shortly after discharge by Dr. Kness due to a pulmonary embolus (PE). This tragedy resulted in both a 2023 DORA Letter of Admonition for unprofessional conduct and a concurrent civil malpractice settlement, confirming legal liability for the negligent care.

Critically, the 2023 DORA Letter of Admonition—the regulatory consequence of a fatal incident—has failed demonstrably to mitigate the ongoing public risk. Critical patient complaints continued to surface following this discipline, including a profound allegation in April 2025 regarding a pregnancy loss where the physician allegedly misdiagnosed premature labor and subsequently falsified medical documentation to show "no bleeding". The persistence of life-threatening clinical failures and integrity breaches, even under the shadow of recent formal discipline, confirms that Dr. Kness poses an ongoing, immediate, and unacceptable threat to the safety of the public.

 

B. Summary of Legal Demands to DORA
 

Based on the aggregated evidence of negligence, confirmed civil liability, and the gravity of alleged integrity breaches, the following actions are formally demanded of the Colorado Medical Board and DORA:

Immediate Initiation of Formal Investigation: Launch a comprehensive investigation into all allegations of misconduct spanning both Colorado and California practice jurisdictions, recognizing the history of cross-jurisdictional failure.
Forensic Document Review and Subpoena: Immediately subpoena the complete and unedited electronic health record (EHR) files and corresponding modification logs (timestamps and audit trails) related to all high-risk incidents, specifically to verify the allegation of systematic record alteration and criminal falsification of medical documentation.
Imposition of Severe Disciplinary Action: Initiate revocation proceedings immediately to eliminate Dr. Kness's ability to practice Emergency Medicine. The chronic and repeated nature of the alleged misconduct violates multiple Colorado Revised Statutes, including Gross Negligence and Unprofessional Conduct, and breaches federal EMTALA standards, providing clear justification for the immediate and permanent revocation of license DR.0044402.
 
 

II. Documented Accountability: Fatal Incidents and Confirmed Liability
 

The foundation of this petition rests upon the facts that have already been confirmed by external bodies: a patient death, a regulatory finding of failure, and a resulting financial settlement that established legal culpability. These facts elevate the case beyond mere complaint to confirmed professional failure.

 

A. The 2019 Fatal Incident and Regulatory Admonition
 

In 2019, a patient who had been discharged by Dr. Kness died shortly thereafter due to complications arising from a pulmonary embolus (PE). This outcome triggered a formal investigation by the Colorado Medical Board. The investigation concluded with the Board issuing a public Letter of Admonition in 2023 for unprofessional conduct.

The specific regulatory finding was particularly critical, citing Dr. Kness for "failing to appreciate the radiologist's finding of worsening pulmonary emboli". This finding is highly significant, confirming that the failure was not an ambiguity in diagnosis but a deliberate professional failure to recognize and act upon critical, objective diagnostic data supplied by a peer professional (the radiologist). In emergency medicine, where collaborative interpretation of objective data is paramount to patient survival, ignoring such findings constitutes a profound failure in critical judgment and basic clinical responsibility.

 

B. Confirmed Civil Liability and Malpractice Settlement
 

The clinical failure that resulted in the 2019 PE death subsequently led to a civil lawsuit. This legal action was resolved through a financial malpractice settlement in 2023. The resolution of the civil suit confirms legal liability for the negligent care provided, establishing both professional accountability through the DORA admonition and civil accountability through the financial remedy for the fatal outcome.

The resulting discipline in this case provides crucial context for the need for immediate revocation. A preventable patient death, coupled with a civil malpractice settlement that confirms legal culpability, represents one of the most severe professional failures possible in medicine. However, the subsequent discipline imposed by DORA was a Letter of Admonition, which constitutes the lowest level of formal public discipline available to the Board. This minimal response following such catastrophic consequences implies a fundamental inadequacy in DORA’s assessment mechanism for chronic, high-risk practitioners. This failure in punitive proportionality likely contributed directly to the continuation of the dangerous pattern by failing to impose meaningful correctional or prohibitive pressure.

Date
Action Type
Jurisdiction
Outcome/Finding
2019
Clinical Incident (PE)
Colorado
Patient Death resulting from negligent discharge
2023
Regulatory Discipline
Colorado Medical Board (DORA)
Formal Letter of Admonition for failing to appreciate worsening PE findings
2023
Civil Action
Colorado
Malpractice Settlement (Confirmed Legal Liability)
2003-2006
Practice Complaints
California/Loma Linda
Documented pattern of dismissiveness and neglect (predating discipline)
 
 

III. Analysis of Systemic Clinical Misconduct and Patient Harm
 

 

A. Egregious Diagnostic Failures
 

Multiple allegations detail catastrophic failures in differential diagnosis where life-threatening conditions were allegedly dismissed as minor or psychosomatic:

Fatal Misdiagnosis Allegation: A specific complaint alleges that Dr. Kness diagnosed a father's fatal dissecting aortic aneurysm as a "panic attack" and subsequently discharged the patient, who died on his kitchen floor hours later. Mischaracterizing it as a psychosomatic panic attack demonstrates an alleged fundamental failure to perform essential emergency screening, echoing the previous failure in the PE case.
Premature Labor Misdiagnosis and Falsification Allegation (April 2025): A patient losing her baby alleges that Dr. Kness misdiagnosed the presentation of the amniotic sac coming out during premature labor, accusing her instead of having a bowel movement and feeling fecal matter. This is coupled with the subsequent allegation that he falsified medical documentation to show "no bleeding".
 

B. High-Risk Negligent Discharge (EMTALA Violations)
 

The pattern of premature, negligent discharge constitutes a systematic breach of federal law designed to protect emergency patients:

Seizure Risk Discharge: A patient reported that Dr. Kness sent her home without seizure preventatives for a 7-hour drive across the desert, despite a recent seizure diagnosis during the trip.
Anaphylaxis/Allergic Reaction: Another patient alleged experiencing a sudden allergic reaction with throat swelling. Dr. Kness allegedly dismissed the condition as "not an allergic reaction" and discharged the patient, forcing her to seek care immediately at a separate facility.
 

C. Systemic Unprofessionalism and Alleged Bias
 

The consistency of complaints suggests a profound generalized defect in ethics and patient empathy:

Dismissiveness and Belittling: A patient presenting with a tightening airway alleged that Dr. Kness minimized her distress by asking, "ma'am have you ever had a sore throat? Do you know what it feels like - it's not that big of a deal."
Medical Record Mischaracterization: A separate patient claimed that Dr. Kness coded their visit for a known chronic pain flare-up as "drug seeking behavior," allegedly without performing an examination or listening to concerns.
Category of Misconduct
Example Patient Allegation
C.R.S. / Federal Violation
Impact/Severity
Gross Diagnostic Failure
Misdiagnosing fatal Aortic Aneurysm as 'panic attack'; PE dismissal
Gross Negligence (C.R.S.)
Preventable Patient Death
Professional Integrity Breach
Alleged falsification of records ("no bleeding" after severe hemorrhage)
Unprofessional Conduct (C.R.S.), Healthcare Fraud (18 U.S.C. § 1035)
Potential Criminal Liability, Impedes Justice
Negligent Discharge
Discharging patient with seizure risk or severe allergic reaction/unstable PE
EMTALA Violation (Failure to Stabilize)
Life-Threatening Endangerment
 
 

IV. High-Risk Allegations: Falsification of Medical Records and Legal Implications
 

The allegation of intentional falsification of medical records represents the most egregious potential breach of professional integrity and is grounds for immediate criminal and professional proceedings.

 

A. Detailed Falsification Allegation
 

The patient who suffered the pregnancy loss in April 2025 alleges that despite experiencing severe hemorrhage, her medical chart was later altered or falsified by Dr. Kness to record "no bleeding". This moves the alleged misconduct from clinical error to premeditated obstruction of justice and systematic integrity breach, as the action was allegedly taken to conceal the magnitude of the clinical error.

 

B. Professional and Criminal Liability Analysis
 

The alleged alteration of official documentation subjects Dr. Kness to multiple layers of severe legal jeopardy:

Colorado Statute Violation: If substantiated, the act constitutes Unprofessional Conduct and Misleading Documentation, which are independently sufficient statutory grounds for immediate license revocation by DORA.
Federal Criminal Liability: Knowingly and willfully making materially false statements related to healthcare matters is prohibited under the Federal Healthcare Fraud statute (18 U.S. Code § 1035).
Unfitness for Practice: The alleged intentional fabrication of documentation to cover up negligence transcends clinical error and demonstrates a profound, non-correctable defect in ethical fitness required for licensure.
 
 

V. Statutory and Federal Compliance Deficiencies: The Legal Framework for Revocation
 

The alleged conduct of Dr. Kness maps directly onto specific state and federal legal standards:

 

A. Violations of Colorado Revised Statutes (C.R.S.)
 

The pattern violates core components of the C.R.S. governing medical practice, including:

Gross Negligence (C.R.S. § 12-240-121(1)(a)): Demonstrated by repeated failures to appreciate critical objective data (PE findings, fatal vascular emergencies).
Unprofessional Conduct (C.R.S. § 12-240-121(1)(g)): Covers dishonest, corrupt, or fraudulent acts, directly addressing the alleged falsification of records.
Unfit to Practice (C.R.S. § 12-240-121(1)(b)): The cumulative combination of failures suggests an unfitness to practice emergency medicine.
 

B. Violations of Federal EMTALA (Emergency Medical Treatment and Active Labor Act)
 

The pattern of negligent discharge implicates serious federal violations of EMTALA (42 U.S.C. § 1395dd), specifically:

Failure of Appropriate Medical Screening Requirement: Alleged failures to perform adequate examinations or appreciate critical findings violate this mandate.
Failure of Stabilization Obligation: Discharging patients with unstable, critical conditions (PE, seizure risk, allergic reaction) directly violates the stabilization mandate.
 
 

VI. The Cross-Jurisdictional Pattern: Evidence of Chronic Failure
 

The alleged misconduct is the culmination of a persistent, chronic pattern of failure that has spanned nearly two decades and multiple states.

 

A. Chronology of Misconduct: Two Decades of Patient Harm
 

The pattern of alleged misconduct was established long before the fatal incident in Colorado:

California Residency and Early Practice (2003-2006): Public patient accounts already documented behavioral problems like being "incredibly rude," "very condescending," and consistently showing "zero empathy" toward patients in crisis.
Post-Fatal Incident Complaints (2020-Present): Despite the 2019 death and the 2023 DORA Admonition, the pattern of high-risk behavior continued, culminating in the severe, alleged record falsification surrounding the loss of a baby in 2025.
 

B. Regulatory Flight and Systemic Oversight Gap
 

Dr. Kness's interstate migration from California to Colorado illustrates a critical flaw in national medical oversight, allowing physicians with problematic practice records to effectively "start fresh." The continuation of high-risk behavior after the formal 2023 DORA Admonition proves conclusively that minimal disciplinary measures are ineffective in correcting this dangerous pattern.

 
 

VII. Formal Deliverable: Email Petition for DORA License Revocation
 

This serves as the formal submission language to the regulatory authorities:

Subject Line: URGENT PETITION FOR IMMEDIATE LICENSE REVOCATION: Dr. Sean T. Kness, MD (DR.0044402) – Confirmed Patient Death, Malpractice Liability, and Alleged Record Falsification

To the Colorado Medical Board / DORA Enforcement Division,

This constitutes a formal petition for the immediate initiation of license revocation proceedings against Dr. Sean T. Kness, MD (License DR.0044402). The petitioners submit comprehensive evidence of chronic Gross Negligence, Unprofessional Conduct, and systematic integrity breaches that constitute an immediate and ongoing threat to public health.

The necessity for this extreme disciplinary measure is founded upon Dr. Kness’s documented history of failure:

Fatal Outcome and Confirmed Negligence: Responsible for the negligent discharge of a patient in 2019 who subsequently died from a pulmonary embolus (PE), resulting in a DORA Admonition and a malpractice settlement.
Integrity Breach and Alleged Criminal Falsification: Severe allegation (April 2025) concerning pregnancy loss and subsequent alleged falsification of medical records to state "no bleeding."
Systemic Pattern and EMTALA Violations: Chronic, two-decade pattern including misdiagnosing fatal dissecting aortic aneurysm as a "panic attack" and systematic negligent discharges of unstable patients.
Formal Demand for Revocation and Forensic Review:

We formally demand two immediate actions:

Immediate initiation of a Revocation Hearing based on persistent, documented unfitness to practice Emergency Medicine.
Immediate subpoena and forensic review of the electronic medical records (EMR) modification logs for the alleged falsification incidents.
The evidence demonstrates that Dr. Kness’s continued practice poses an intolerable and unmitigated risk to public health.

Sincerely,

Citizens, Coworkers, Victims and their Families

 
 

The exhaustive evidence compiled across two decades and multiple practice locations paints a clear portrait of Dr. Sean T. Kness, MD, as a physician who allegedly exhibits a pervasive, chronic lack of both clinical judgment and professional ethics. The prior low-level discipline (Admonition) has proven fundamentally insufficient.

The petitioners reiterate the formal demand that the Colorado Medical Board immediately utilize the most stringent disciplinary tool available—license revocation. Dr. Kness’s continued practice constitutes an intolerable systemic risk that must be eliminated to protect the public health and restore trust in the emergency medical system.