Colorado Legal Malpractice Legal Questions

It could be considered malpractice, but it is hard to win a malpractice case since you would have to prove that you would have succeeded and been awarded judgment (not a settlement; a settlement is a voluntary agreement to resolve a dispute) had your attorney used the color photos. A misrepresentation is a false statement of fact.  A negligent misrepresentation is when someone makes a false statement by mistake, not deliberately.... Read More

Dear Ms. Strough: Each case is unique but for a successful product liability claim it is typically essential to preserve the defective product for forensic analysis by experts. If the first lawyer failed to act to preserve the vehicle, there may be a claim against him. However, there is a two year statute of limitations for legal malpractice claims, so the viability of your legal malpractice claim will be determnined by the date of the failure to act by the lawyer. I would be happy to discuss this matter further if you wish to contact me. Linda J. Chalat, Esq. CHALAT HATTEN & BANKER PC 303.861.1042 www.chalatlaw.com lchalat@chalatlaw.com  ... Read More

Dear Ms. Ballard - Patients are typically required to read and sign an informed consent agreement which provides that your care provider has informed you of the risks of the procedure. This does not mean you have agreed to the possibility of medical malpractice and does not prevent you from pursuing a claim. You share a very disturbing story and I would recommend at least obtaining a copy of your medical records for review by a medical malpractice lawyer. Please keep in mind that in Colorado there is a two year statute of limitations for medical malpractice claims, you must file your claim within two years of the malpractice or lose your right to do so.  Other time limitations may apply so you should act promptly.... Read More

Sadly, the injury which your son has suffered is not an uncommon one.  A difficult delivery, with the risk of injury to the baby, may occur if the birth canal is too small or the baby is too large. Injury is also more likely if the baby is lying in an abnormal position before birth. When these conditions are present, medical care providers should take appropriate steps to minimize the danger to the baby and mother. Erbs (or brachial) palsy occurs most often during delivery when excessive pressure is put on the baby’s head, neck, or shoulder because of difficulty delivering the shoulder area (known as “shoulder dystocia”). The condition occurs most frequently in babies of higher-than-average birth weight, and can happen when forceps or vacuum devices are used with too much pressure during delivery.  In about two out of every 1,000 child deliveries, a baby suffers injury to the brachial plexus. As you probably know, the brachial plexus is a group of nerves that travel from the spinal cord up the arm, supplying the arms and hands. National studies indicate that residual long-term deficits may include progressive bony deformities, muscle atrophy, joint contractures and possible impaired growth of the limb. This is a known danger and one which can be avoided with proper attention during delivery by medical staff.  From the facts you provide, you may have a strong medical malpractice claim.  I suggest you find a lawyer with whom you are comfortable and then have the medical records from the delivery reviewed.  If you would like more information about pursuing a medical malpractice claim for a brachial palsy injury, please visit http://www.chalatlaw.com/malpractice/medical-malpractice/birth-injuries/ Please keep in mind that there is a two year statute of limitations in Colorado for medical malpractice claims.  You must file within two years of the negligent care or lose your right to do so. I would be happy to answer any further questions which you may have, please call or email me.... Read More

Have you had surgery to repair the retinal detachment? Was the shot administered by an opthalmologist or an optometrist? These are important questions that I would need to know in order to give you an opinion on the merits of a case. I would be happy to discuss additional details about your case with you at any time. My suggestion would be that we obtasin your records and then have them reviewed by an outside expert. I know of a well-regarded expert in this area who would review the records.... Read More

To pursue a legal malpractice claim, you must have a legal expert review the representation provided by the lawyer and determine that negligent representation was given.  In your case, an estate lawyer should look at the legal file of the family lawyer to identify any problems with the work she provided to your father-in-law in the preparation and execution of his will.  From your description of the facts, it certainly appears a review is warranted. You can approach the situation in two ways - hire a legal malpractice attorney who will then obtain a legal expert to review the file or you can pay for a few hours of time with an estate lawyer and obtain the expert opinion directly.  Please keep in mind that in Colorado there is a two year statute of limitations for professional malpractice.  You must file your legal malpractice lawsuit within two years of the legal malpractice or lose your right to do so.  Other time limitations may apply.... Read More

Your friend should contact the Colorado Supreme Court - Attorney Regulation Counsel.  The behavior you describe violates the rules of professional conduct and should be reported.  This can be done online: http://www.coloradosupremecourt.com/Regulation/Regulation.asp To file a report simply click on "File a Complaint"  ... Read More

You are correct that the treatment by your previous attorney is highly unorthodox, and perhaps negligent.  As for the underlying medical malpractice claim, you are correct that a claim can be made for a lost opportunity for treatmenbt.  When locating an expert, we typically allow about six months to find the best expert witness to provide the needed testimony.  Additionally, 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. I would need more information before offering an opinion as to a claim against the attorney.  If you wish to have a free consultation, please call my office and arrange for a phone appointment through my paralegal, Dawn Rannells. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice or legal 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 to hear from you soon.... Read More

Your example does suggest overreaching by the billing attorney.  Negotiating a reasonable billing may be your best approach.  Using the hourly rate provided in your written fee agreement, and the bill presented by the attorney to identify actual hours of productive work to calculate the resulting fee.  Pay that amount with a cover letter explaining the basis for your payment amount.  If your attorney continues to assert a claim for the total inflated billing, you respond that you believe the billing is excessive to the point of violating the rules of professional conduct.  You may then consider either a legal malpractice claim or a grievance with the Colorado Supreme Court disciplinary council.... Read More