QUESTION

Do I need to go to an urgent care or ed to prove a malpractice lawsuit

Asked on Jul 26th, 2014 on Medical Malpractice - Colorado
More details to this question:
I tried to refill a prescription over 2 weeks ago. It is a preventative medication. My doctor called me over 10 days ago saying she didn't know how to get a preapproval and would have someone call 1st thing next day. As of fri evening I had a breakout (it's a herpes medication, I've had herpes for 14 years). It is extremely painful. I can't eat or drink for fear of going to the restroom, it's that bad. I tried to call the Dr last night, I told him I needed something for the breakout and HE HUNG UP ON ME! I called back, he never called back. I called back this morning bc the pain is so much worse and the answering service said he won't take my call bc he talked to me "many" times last night. I read online I need to prove his negligence is hurting me. Should I go to urgent care or an emergency room?
Report Abuse

1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
Update Your Profile
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.  When there is a delay in treatment due to insurance coverage, it is very difficult to obtain an expert opinion that substandard care was provided based upon this type of outcome. 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 care you received this weekend will be sufficient to prove malpractice. 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.
Answered on Jul 26th, 2014 at 12:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters