Do we have a case?

To determine whether your daughter received negligent care, her records need to be reviewed by a medical expert.  The first step is to obtain her medical records and then have those records reviewed by a medical malpractice attorney to identify the areas of questionable care. 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.  It is very difficult to obtain an expert opinion that substandard care was provided.   However, even if negligence can be established, I am uncertain that it would still be in your daughter'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. You do not provide a date for the procedure, but it appears to have been recent.  I would recommend waiting a few weeks to see how well she recovers. If she continues to have significant limitations, then she should speak 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.