Do I have a medical malpractice case?

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