You state that the implants were removed in Aspen but you do not say in which state the implant procedure was performed. If the first doctor performed the procedure and treated you for the subsequent five years in Colorado as well, then you may have a claim. If the implants and care were provided in a different state, then you will need to ask an attorney in that jurisdiction.
There is a statute of limitations period of two years in Colorado for medical malpractice claims, you must file your lawsuit within two years of the negligent care or lose your right to do so. However, since you were being given an on-going course of treatment by the first doctor, you may still be able to bring a claim so long as the removal of the implants occurred within the past two years. If you wish to file a lawsuit, you should act promptly to avoid any time limitation problems.
However, it may not be in your best interest to sue the doctor. 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. You will need to weigh the harm you have suffered and resulting medical expenses with the cost of litigation and the risks involved. Such a decision would be best made after speaking with a medical malpractice attorney.
Answered on May 28th, 2014 at 4:06 PM