61 legal questions have been posted about medical malpractice by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
To determine whether the care which your daughter received was negligent, a medical expert would need to review her medical records. The first question would be whether her pediatrician should have suspected tethered cord syndrome earlier and thus ordered the MRI after the first signs of delayed development - this question would need to be answered by a pediatrician.
The second question is what if any harm resulted from the delay in diagnosis. Her current care providers would be in the best position to answer the question.
If the standard of care for her pediatrician would have resulted in an earlier diagnosis and if the earlier treatment could have avoided significant harm now suffered by your daughter, you may wish to consider a medical malpractice lawsuit....
Read More
To determine whether the care which your daughter received was negligent, a medical expert would need to review her medical records. The first...
Read More
You describe a very sad experience, a routine surgery that has resulted in significant disruption of your husband's and your life with a possible permanent impairment.
However, 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.
When complications arise following surgery, such as an infection, there still must be an act or omission which supports an allegation that substandard care was provided. Infections occur in even the best of health care facilities, but signs of infection should be evident to the surgeon during follow up examinations. If the foot doctor failed to adequately assess the surgical wound and ignored the signs of infection, then your husband might have the basis for a claim. It will depend upon whether a medical expert also specializing in foot surgery concludes that your husband received sub-standard care. This type of opinion requires the expert to review your husband's medical records and then offer an opinion as to what should have been done differently. Such a review typically costs about $1000 - $3000, but it is required to obtain such an opinion before proceeding to file a medical malpractice claim in Colorado so the money spent is an investment in your legal claim.
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 would welcome an opportunity to answer any further questions you may have if you wish to call me....
Read More
You describe a very sad experience, a routine surgery that has resulted in significant disruption of your husband's and your life with a possible...
Read More
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.
The use of steroid injections is a recognized treatment procedure for cervical degenerative disc disease, so it is likely that it was not malpractice for your treating physician to try the injections. Sadly, the possibility of avascular necrosis is a known risk of the use of steroid injections and thus your condition was not necessarily the result of negligent care but probably bad luck. Of course, your health history is unique and there may have been characteristics which would have placed you at higher risk. If you are being told by a treating physician that you should not have received the injections because of a particular condition, then there may be a basis for a lawsuit.
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 outcome that you suffered will compel a jury to a substantial award. I am not insensitive to the impact the experience has had over the past year on your family and yourself, 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 you make a complete recovery....
Read More
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...
Read More
My sincere sympathy on the loss of your uncle.
There is a two year statute of limitations for medical malpractice claims in Colorado, you must file your claims within two years of the negligent care or lose your right to do so. However, there is an exception which allows for a different start date for the running of the period - the discovery rule allows certain medical malpractice claims that are not easily determined to not expire until the injury or loss is discovered or should reasonably have been discovered. Arguably the point at which you as executor should have known that malpractice possibly caused your uncle's demise would have been at the time of the issuance of the death certificate. A Colorado court may allow you to proceed if you file a complaint within two years of the date of the death certificate....
Read More
My sincere sympathy on the loss of your uncle.
There is a two year statute of limitations for medical malpractice claims in Colorado, you must file...
Read More
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.
The problems which you describe are known risks of the eye surgery and since you imply that you had signed the informed consent form, but simply did not hand it back to the surgeon, the defense will still argue that you were aware of the possible complications and chose to go forward with the procedure.
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 More
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...
Read More
If your husband was reporting symptoms of a stroke and the hospital staff ignored these and failed to accurately diagnose his condition, he may have the basis for a medical malpractice claim. The strength of the claim will in large part be determined by the medical records which will detail his symptoms, tests performed and pertinent medical history.
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.
I am uncertain whether your husband has suffered a significant Permanent injury because of the delay in proper diagnosis. He certainly suffered during the period of delay, but whether he has sufficient harm from the delay to justify the risk and expense of a lawsuit is something you should discuss with medical malpractice lawyer.
Thus, 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.
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 More
If your husband was reporting symptoms of a stroke and the hospital staff ignored these and failed to accurately diagnose his condition, he may have...
Read More
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.
Given the facts you provide, there may be a claim against the doctor for the negligent insertion of the pain medicine. However, even if negligence can be established, I am uncertain that it would still be in your mother'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.
The subsequent treating physicians who have cared for your mother since her ICU admission can provide you with some insight as to whether there will be any longterm consequences from the overdose. If so, then it may be worth pursuing a claim.
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 More
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...
Read More
You describe a very disturbing situation. If the new doctor who refuses to refer you to surgical intervention is providing treatment at the Sterling, Colorado clinic, then we may be able to help you. Much will depend upon the timeline of your treatment and whether it can be argued that you were receiving an ongoing course of treatment which was substandard.
Pursuing a medical malpractice claim against the VA can be daunting. The claims have technical requirements which if not fully satisfied can cost you your right to pursue compensation. I recommend that you visit our page on FTCA claims. We would welcome an opportunity to answer questions directly....
Read More
You describe a very disturbing situation. If the new doctor who refuses to refer you to surgical intervention is providing treatment at the...
Read More
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.
If your wife had her surgery in August of 2012, then her time period for filing a medical malpractice claim will end this August on the anniversary of the surgery. However, you should act promptly if she wishes to consider a lawsuit - medical malpractice claims require review by a medical expert. The review process typically takes a few weeks, medical records must be collected and an expert located. You should speak with a medical malpractice attorney as soon as possible....
Read More
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...
Read More
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.
...
Read More
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...
Read More
To pursue a Federal Torts Claim Act (FTCA) claim, you must follow the strict procedure for filing. Most important is the deadline for giving the government notice of your intent to file a lawsuit - this must be done within 180 days of medical malpractice. To learn more about FTCA claims, please see http://www.chalatlaw.com/malpractice/medical-malpractice/ftca-lawyers/.
As to the value of your claim, that will be strongly dependant upon the actual damages you have suffered. If the surgery was elective for purely aesthetic reasons and the only harm was the breast lift, a change in their appearance which the surgeon undoubtedly will argue was an enhancement, then the claim might not be worth enough to justify the expense of a lawsuit. However, you indicate that "there are several serious mistakes that will need to be corrected," so it appears there is more to your damages than simply a breast lift. You should consult with an attorney experienced with FTCA medical malpractice claims to fully learn about your options....
Read More
To pursue a Federal Torts Claim Act (FTCA) claim, you must follow the strict procedure for filing. Most important is the deadline for giving...
Read More
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.
To establish a basis for a medical malpractice claim against the surgeon or the hospital, you must be able to prove that the care you received was sub-standard or negligent. Your medical records will be the best basis for showing what care you received and provide evidence of negligent care. But often blood clots are a risk of any surgery, so there must be a specific act which, if done differently, would have prevented the clot.
Given the complicated nature of your condition following surgery, I strongly recommend that you contact a medical malpractice attorney to discuss your matter. 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 More
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...
Read More
The only help we can offer is a possible medical malpractice claim against the anesthesiologist if in fact the epidural was negligently administered and caused the nerve damage. 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 it is unclear whether the leg numbness was a risk of the procedure or the result of malpractice.
We would need to review your medical records to determine whether we believe you have a strong claim. If you would call our office during business hours, and speak to one of our attorneys, we can answer your questions and discuss how to move forward. Our toll free number is 800-221-5526.
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. We look forward to hearing from you.
...
Read More
The only help we can offer is a possible medical malpractice claim against the anesthesiologist if in fact the epidural was negligently administered...
Read More
I hope your daughter is recovering nicely from her ordeal. The events you describe are disturbing but whether malpractice occurred is not clearly apparent. Much will be determined by her medical records, the precise symptoms noted by the pediatrician and the urgent care staff and the final diagnosis which resulted in the surgeries. But it would appear that at a minimum the pediatrician should have seen her again on Friday or referred her to the ER. If your daughter's condition was such that a reasonable pediatrician would have recognized the severity of her infection, or at least would have known to perform further diagnostic testing, then there may b a basis for a medical malpractice claim.
The second consideration is the harm suffered by the delay in proper diagnosis. If the infection could have been treated without surgical intervention had it been caught earlier, then there may be sufficient harm from the malpractice to justify filing a lawsuit. If the treatment would have been the same whether diagnosed a few days earlier or on Sunday, then there is probably not sufficient harm done by the delay to make it worth your while to pursue a lawsuit.
If you have further questions, I would be happy to answer them and discuss your options during a free consultation.
...
Read More
I hope your daughter is recovering nicely from her ordeal. The events you describe are disturbing but whether malpractice occurred is not...
Read More
It is unclear whether the matter you describe is one for which there is a medical malpractice claim. If there was a misdiagnosis that resulted in permanent harm to you, then it may be in your best interest to hire a lawyer and file a lawsuit.
We would need to review your records to determine whether we believe you have a strong claim. If you would call our office during business hours, and speak to one of our attorneys, we can answer your questions and discuss how to move forward. Our toll free number is 800-221-5526. We hope to hear from you soon.
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 More
It is unclear whether the matter you describe is one for which there is a medical malpractice claim. If there was a misdiagnosis that resulted...
Read More
My sympathy on the ordeal that you have had to suffer. I have known several women who have suffered this injury and I know how life-changing it can be.
Sadly, this injury occurs often enough that we have handled a number of cases of ureteral injury occuring during a hysterectomy. Injury to the ureter is a known risk of a hysterectomy, the level of the risk depending upon the type of hysterectomy. A medical malpractice claim is not for the injury to the ureter but the failure to recognize that the injury has occurred and repairing it immediately. A damaged ureter left to leak into the abdominal cavity often causes severe, even life-threatening, infections and results in permanent scarring and adhesions.
Your medical records would be the starting point in researching whether you may have a medical malpractice claim. Your pre-surgery condition is relevant as well as the type of hysterectomy and the difficulty of the actual procedure should be reviewed. You may have also suffered negligent care if the signs of infection were not caught promptly.
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.
I would be happy to discuss your case further and answer any further questions you may have.
Personal regards,
Linda J Chalat
...
Read More
My sympathy on the ordeal that you have had to suffer. I have known several women who have suffered this injury and I know how life-changing it...
Read More
It sounds like tou have reason to be suspicious if you have been told that the tendonitis is due to a misplaced implant. If the second surgery will cure the problem, there may be questions about whether the case is financially viable. Finally, you need to act quickly because depending on state law, you may have a statute of limitations problem to contend with.
If you want to investigate a malpractice 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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.
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 More
It sounds like tou have reason to be suspicious if you have been told that the tendonitis is due to a misplaced implant. If the second surgery will...
Read More
If you are left with 5% of your original vision then you should at least contact an attorney to evaluate the case. We get allot of calls about Lasik surgery, but more often than not the complaints are considered accepted complications of the procedure. At face value, your kind of visual loss does not appear to be in that category.
If you want to investigate a malpractice 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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.
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 Skype: john_ratkowitz Click here for my website. ...
Read More
If you are left with 5% of your original vision then you should at least contact an attorney to evaluate the case. We get allot of calls about Lasik...
Read More
If she is already experiencing symptoms, she should obtain a second opinion.
Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this 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. 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 expect when filing a medical malpractice case.
Click here and here for more information about me.
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 Skype: john_ratkowitz Web: www.starrgern.com. ...
Read More
If she is already experiencing symptoms, she should obtain a second opinion.
Dental malpractice cases are difficult to prosecute for a...
Read More
Dear Anonymous:
My sincere sympathy on the loss of your son. A terrible tragedy made even more painful if it could have been avoided.
The details you provide are very troubling, it is easy to jump to conclusions about the care you were provided. But medical malpractice cases are in large part determined by the medical records which are seen as the best evidence by juries. A review of your medical records from your OB/GYN office would be the first step in determining whether there may be a case.
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. Just based upon the facts you provide, I do believe there is sufficient information to support asking for the entire file from the doctors' office and then, after reviewing the records, discussing your options 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.
I have handled many OB/GYN malpractice claims and would welcome an opportunity to answer your questions. Please email me directly with a time to call and I will contact you by phone.
Regards,
Linda J. Chalat, Esq.
Attorney/Partner
CHALAT | HATTEN | KOUPAL | BANKER
1900 Grant Street Suite 1050 | Denver, CO 80203 O. 303.861.1042 | F. 303.861.0506...
Read More
Dear Anonymous:
My sincere sympathy on the loss of your son. A terrible tragedy made even more painful if it could have been avoided.
The...
Read More
You may have been the victim of medical malpractice, but to know for sure an attorney would have to review all of the medical records and the pertinent ultrasound studies. Without minimizing what you have been through, if you are still able to conceive there will be a question about whether the case is financially viable.
If you want to investigate a malpractice 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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.
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 Skype: john_ratkowitz Click here for my website. ...
Read More
You may have been the victim of medical malpractice, but to know for sure an attorney would have to review all of the medical records and the...
Read More
One key to the case would be whether there was an autopsy done which proved that the heart attack was directly attributable to being taken off Warafin. Assuming the doctor should have done an ultrasound, you would still have to prove that his heart attack was not caused by arteriosclerotic heart disease and instead that it was caused by a clot being thrown to his heart. The same would be true if you established that the nurse aide's orignal action was negligence. You still have to prove that is what caused the death. An autopsy would likely be required to do that unless there was some clear evidence in the medical records showing what caused the heart attack.
Chris Hoffman
Hoffman, Sheffield, Sauseda & Hoffman
303-333-2200
choffman@hsshlaw.com ...
Read More
One key to the case would be whether there was an autopsy done which proved that the heart attack was directly attributable to being taken off...
Read More
You should always feel comfortable that you have selected a lawyer with whom you are comfortable, particularly with respect to your attorney fees. These defective medical device cases are complicated and require close attention by the lawyer but you should be able to arrange for a fee which seems fair to you. We handle this type of case routinely for a 35% fee arrangement. Keep in mind that you will be sharing the most intimate details of your life with your lawyer, so be very certain that you feel you are working as a team....
Read More
You should always feel comfortable that you have selected a lawyer with whom you are comfortable, particularly with respect to your attorney fees....
Read More
I am very sorry to hear about this. You should ask her current doctor if they think it could have matasized that rapidly in the one year time period? If they think it could not have then you should likely seek legal assistance. Cases against hospitals are difficult and you need an expert opinion (another doctor) to testify in court against the hospital. I think it is worth you looking into more. You should consider requesting your wife's medical records and mammogram results and views for the past couple of years and trying to set up a consultation with a local medial malpractice attorney in your area. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response....
Read More
I am very sorry to hear about this. You should ask her current doctor if they think it could have matasized that rapidly in the one year time...
Read More
Theoretically if you can prove those allegations you would have a cause of action for medical malpracticce. Arguable the statute of limitations could be tolled because you were not aware of the malpractice until she conceived. I think the question will be whether the case is financially viable. See the links below that discuss the economics of a medical malpractice case.
If you think you have a financially viable case, 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
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 Skype: john_ratkowitz Web: www.starrgern.com. ...
Read More
Theoretically if you can prove those allegations you would have a cause of action for medical malpracticce. Arguable the statute of limitations could...
Read More