Colorado Medical Malpractice Legal Questions

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 for more information about me. Click here for more information about my firm. 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 Answer

I do not think you have a financially viable medical malpractice case.  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 for more information about me. Click here for more information about my firm. 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 Answer

I am sorry to hear about this.  To have a successful medical malpractice case against a doctor or health care provider, the doctor's action must have fallen below the standard of care and as a result, you suffered damages.  The damages usually have to be very high and it must be clear that the act was below the standard of care.  Most states require the hiring of an expert witness (usually another doctor) to testify against the doctor that cause the harm before a lawsuit can even be filed.  This is sometimes hard to find and experts are expensive.  These cases are difficult to prove, lengthy and expensive.  Also, there a time limitations in which you have to bring a suit, otherwise you are time barred.  In Colorado, the time limitation is probably 2 or 3 years from the date of the harm.  Which, unfortunately, may mean that you have missed this time period and may be barred.  If you are still interested in proceeding with a potential suit, I recommend contacting local medical malpractice attorneys in your area.   A local attorney should be able to provide you with more state specific information which relate more directly to  your specific set of facts.  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 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.  Losing a tooth which the dentist was attempting to save is a very difficult basis upon which to bring a claim. 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 results you have 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 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 clearly apparent in the medical record. It is not clear what specific conduct you believe was negligent and given the facts you provide, I am unsure that any care was negligent.  A bad outcome,and certainly your husband's paralysis is a terrible outcome, does not mean the doctor committed medical malpractice. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe a jury will be compelled to find the doctors negligent. 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 she really did destroy what the doctor accomplished in the surgery, then you probably do have a case. The issue is what were the permanent consequences of her action.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case, it addresses why this is an important question. You should contact a local medical malpractice attorney.... Read Answer

Other than seeking assistance from a local attorney in your area, I am not sure there is much else you can do at this time.  It seems like you have tried negotiations with the doctor and he is refusing to cooperate.  I do not recommend trying to file a suit against a doctor or their malpractice provider without the assistance of a local experienced attorney.  Malpractice actions are very difficult, expensive and time consuming. They often require the hiring or consulting of an expert witness.  Also, it is likely that your statute of limitations period has expired. It is likely that you only had 2 years to file a cause of action from the date of the incident and by not doing so, you are likely barred from such now.  However, a local medical malpractice attorney in your area can help you better determine this.  I would try and talk to a few attorneys in your area about this and see if you can find any help.  Most attorneys who handle these types of cases only charge on contingent fee basis  - meaning no money is required to be put up front and their fee usually comes out of a settlement, if any.  I hope this information helps.  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 information.  ... 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. The first step in determining the strength of your father's claim would be to have his medical records reviewed by a medical expert in the same are of specialization - in his case it would be a rheumatologist. If the expert concludes it was below the standard of care for the treating rheumatologist to ignore the results of the blood analysis, then the basis for a medical malpractice claim is established.  But the next question to be answered is whether earlier action by the treating physicians would have provided your father with better options than those he now faces.  You would probably need a renal cancer expert to answer that question. However, even if negligence can be established, I am uncertain that it would still be in your father'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 strong liability and catastrophic permanent injuries warrant the risk of litigating the claim.  To fairly evaluate the damages your father has suffered would probably require the opinion of the renal expert. Please keep in mind that 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.  Good 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 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.  ... Read Answer