QUESTION
Can i sue??? about 2years ago ended up in ICU, was told i had huge kidney stones, and required the surgery to get them removed, as they were way to
Asked on Oct 06th, 2011 on Medical Malpractice - Colorado
More details to this question:
big to pass, or to try n break up to pass, so they put in a tube,going directly into my kidney, as the stones were blocking my urethera, followed up with the urologist and they explained the surgery to me, etc..was waiting for a call from them for a date 4 surgery, let me not 4get to mention i do not have insurance of any kind, so 3 days prior to the scheduled surgery, i get a call from the hospital finance lady telling me that the surgery is going to cost $50, 000 and i will have to have that in 3 days, told her that obviously was not gonna happen, she said she would call the doctors and get back to me,they ended up cancelling it,later on i was trying2 schedule to get the tube changed out, was supposed to be done every 6-8weeks or else high risk of infection, once again the hospt lady called n couldnt even get that done, about a year later it fell out on its own, a little over a week ago, ended in ER again and found out the stones have mostly eaten away my kidney and im down to one
1 ANSWER
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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. But is unclear whether the situation you describe may be the basis for a malpractice claim.
A lawyer would need to review your medical records to determine whether you have a strong claim. Most personal injury lawyers will offer a free initial consultation and will handle this type of matter on a contingency fee basis, you only pay attorneys fees if the attorney collects on your behalf.
There is 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. It is not clear whether you are beyond the two years from the initial admission to the ER, but if you are not then you should act promptly to preserve your right to sue.
Answered on Oct 14th, 2011 at 4:51 PM