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.
Answered on Dec 21st, 2011 at 4:25 PM