Colorado Medical Malpractice Legal Questions

Sorry to learn of your horrifying experience. You may wish to reach out to Dan Lipman (720) 414-0518, Christopher (Buck) Dominick (303) 794-743, 303-529-1153, or Porya Mansorian (303) 803-7228. I have had a positive experience with all of the above lawyers and I believe you would be well-served by any of them. Engaging a lawyer is often about “fit” and that is a subjective factor you need to determine on your own.  Regardless, you should, of course, conduct your own thorough independent evaluation of any lawyer you intend to engage, as it is a very personal decision and it is a decision worthy of your full consideration. Until you have engaged an attorney to represent you, you should be mindful of any deadlines that may apply. Please be certain to promptly and diligently follow up on your legal matter, as there may be deadlines or other time periods, etc. which could harm your interests or legal rights simply through the passage of time – some of which may have already passed or the passage of which may be imminent and certain of which are very short and require rapid action that underscores the importance of engaging excellent counsel as early as possible. I am not in a position to advise you on these matters at this time, including any relevant statutes of limitations, but encourage you to move quickly to retain counsel of your choosing in order to protect your interests. I’m hopeful that one of the above lawyers will be able to assist you. Kind regards,   Cyrus ... Read Answer

I'm sorry to hear this happened to your wife. You can report a HIPAA violation here:  https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf However, there is no right to sue for damages for HIPAA violations.  You might be able to file a suit under a violation of privacy type of theory but it is often difficult to prove any resulting damages. There are practical considerations as well.  Does your wife have an ongoing physician patient relationship with this doctor and if so, do you want to risk harm to the releationship?  Also, I think you can expect the doctor to say that if your wife did not want these things to be discussed in front of your friend, she should have asked him to leave the room.  However, it sounds like your wife may not have had an opportunity to stop him before the cat was out of the bag. As always, the answers I'm giving here are based solely on the limited information I have so it would be best to have a formal consultation with someone specializing in this area of the law. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 303-333-2200 www.hsshlaw.com... Read Answer

Propofol doses are dependent on weight but that does appear to be a very large dose for someone of average size based on the dosage guides I see online for neurosurgery (back or brain surgery).  I agree that it is unusual for the surgeon to have given you such specific information, unless he felt there was an error by the anesthesiologist.  You definitely need to follow up with physicians about whatever problems you have as a result of the code.  It's not clear what you mean by "streaks" on your lung but certainly you should be asking questions in a non-accusatory way about what conditions you may have suffered as a result of the code and contact a lawyer if you decide to move forward with a claim. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 600 Grant St., Ste. 450 Denver, CO 80203 303-333-2200 choffman@hsshlaw.com www.hsshlaw.com... Read Answer

Hospital falls are never events, and when your wife was admitted to the hospital her risk for a fall should have been assessed and the appropriate fall interventions should have been employed, so you may have a case. If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  ... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. Medical malpractice claims are very dependent on the medical records for a patient, so you claim must be supported by your previous records regarding any symptoms of endometriosis.   However, even if negligence can be established, I am uncertain that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  If you are a young woman who had plans for bearing children, then your loss may be significant enough to consider a lawsuit. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. ... Read Answer

It is hard to answer your question without knowing more about why your eye doctor prescribed the steroids. When someone has SIG, it is treated by decreasing the frequency or the strength of steroid. Nevertheless, sometimes steroids are used to treat intraocular conditions and completely stopping the steroid is impossible, so a balancing act has to occur.  If an eye doctor does need to have someone on steroids who is at risk for SIG, he can also prescribe medication to reduce intraoccular pressure, so I would question why this was not done even if the steroids had to be readminstered.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.  ... Read Answer

To determine whether your daughter may have a viable medical malpractice claim, the first consideration is whether the piece of bone should have been removed at the time of the first surgery.  The bone may have broken off after the knee replacement, in which case the result is probably a risk of the procedure.  However, if the piece of bone is of sufficient size and can be identified on post-op x-rays, then you may have a claim.  You may wish to obtain her medical records from her first surgeon then discuss the matter with her current treating orthopedist to determine if there was oversight on the part of the first doctor. You should keep in mind that there is a two year statute of limitations in Colorado for medical malpractice claims.  You must file your case within two years of the date of the medical negligence or lose your right to do so.  Other time limitations may apply, so act promptly.    ... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  Unfortunately, a poor result such as a hematoma following a surgical procedure is not uncommon, and is also typically a risk of the procedure. But, even if negligence by your surgeon can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results you suffered demonstrate medical negligence to such a degree as to compel a jury to a significant award. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I wish you luck.... Read Answer

I think the question is whether they biopsied the correct area. If the images before and after the biopsy show the same area of concern, (if the tumor grew where they biopsied) you might have a viable case.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.  ... Read Answer

Thank you for contacting my firm concerning your possible medical malpractice claim.  My sincere sympathy on the loss of your mother. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  A quick search on the internet does not produce any indication that methotrexate is inappropriate for rhumetoid arthritis or that it accelerates the spread of cancer cells.                                                                                                                                                                                                                                      However, even if negligence can be established, I am uncertain that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the sad results your mother suffered demonstrate medical negligence to such a degree to compel a jury to a significant award. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I wish you luck.  ... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. Unfortunately, a poor result following back surgery, including an infection at the surgical site or needed repeat surgery, is not uncommon, and is also typically a risk of the procedure. However, even if negligence can be established, I am uncertain that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results you suffered demonstrate medical negligence to such a degree to compel a jury to a significant award. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I wish you luck.... Read Answer

As a nurse, you are aware that there are risks associated with any medical procedure.  Injury to other organs is a risk of a hysterectomy, thus the injury to your colon is not the basis for a medical malpractice claim.  It appears your surgeon acted appropriately, and that you received the care needed for the unintentional injured colon.... Read Answer

You should discuss the matter with your cardiologist - it seems unlikely that you would develop an infection after a year but your physicain is the expert and can advise you as to any potential problems. You have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.... Read Answer

This type of claim against either a counselor or the holding facility is typically very difficult, but a recent Colorado Supreme Court case may offer some support for your case.  The strength of your claim will depend upon the specific facts.  I suggest that you call our office and speak to Chris Koupal, a partner with the firm who has studied the recent Supreme Court ruling and can discuss how it may help you.... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.  When there is a delay in treatment due to insurance coverage, it is very difficult to obtain an expert opinion that substandard care was provided based upon this type of outcome. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor care you received this weekend will be sufficient to prove malpractice. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I wish you luck.... Read Answer

If you were provided the wrong medicine by a pharmacist, that is the wrong prescription medicine for a prescription written by a treating physician, then you may want to negotiate a settlement with the pharmacy for a few thousands of dollars for your pain and suffering. If you believe a doctor is responsible for giving you the wrong medicine, it will probably not be to your benefit to file a lawsuit. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the 3.5 weeks that you suffered will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind when you begin negotiating with King Soopers, there is a two year statute of limitations - you must file your lawsuit within two years of receiving the wrong medicine or you lose your right to do so.  Often defendants will try and drag settlement talks beyond the two years and then offer nothing because the threat of a lawsuit has vanished.  this is very straight forward and should not take more than a few weeks.... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  Though your husband was admitted two days after your visit to the ER, it may not have been malpractice to fail to admit him at the time of the ER visit.  This type of decision is often a judgment call by the deciding care provider, and when the decision is one of judgment, the physician gets the benefit of the doubt. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but unless your husband suffered a permanent injury from the delay in admission, a jury will not give him a substantial award.  I am not insensitive to the impact the experience has had on you both, but Colorado juries are not inclined to give any award for pain and suffering. Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I hope that your husband makes a complete recovery.... Read Answer

I am sorry that your newborn is experiencing such difficulties.  But in a brief search for causes of NEC, it does not appear that factors under the control of the hospital would influence the occurrence of NEC, see http://necsociety.org/known-risk-factors/.  If you wish to be certain, you should have your baby's medical records reviewed by a medical expert in the field of neonatal care - but this can be very costly, running into several thousands of dollars to obtain an expert opinion.  Unless you have information from a care provider that the cause of the NEC was the responsibility of the hospital, it may not make sense to invest the money in an expert to be told that it was simply very bad luck.... Read Answer

If your daughter is a minor, you may have a claim against the individual who attached the chain to her tooth.  If it was a licensed professional, then there may be a professional malpractice claim.  However, if your daughter was eighteen or older at the time of the attachment of the chain, then there is likely no legal option for her to seek compensation for the dead tooth.... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. From your facts, there may be a claim for negligent care against the prescribing physician as well as the pharmacy. But much will depend upon the specifics of your mother's medical history. However, even if negligence can be established, I am uncertain  that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  If your mother has in fact suffered significant renal injury because of the drug interaction, she may wish to consider a lawsuit.  But if she is expected to fully recover, it probably would not be advantageous.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. ... Read Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. If your son suffers significant developmental problems and they are the result of negligent care during delivery, then you may wish to consider a lawsuit.  The first step would be to obtain your medical records and have the file reviewed by a medical malpractice attorney.  If appropriate, the next step would be to have a medical expert identify any issues with the care. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. ... Read Answer

To determine whether your daughter received negligent care, her records need to be reviewed by a medical expert.  The first step is to obtain her medical records and then have those records reviewed by a medical malpractice attorney to identify the areas of questionable care. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  It is very difficult to obtain an expert opinion that substandard care was provided.   However, even if negligence can be established, I am uncertain that it would still be in your daughter's best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. You do not provide a date for the procedure, but it appears to have been recent.  I would recommend waiting a few weeks to see how well she recovers. If she continues to have significant limitations, then she should speak with an attorney. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.... Read Answer