If your husband was reporting symptoms of a stroke and the hospital staff ignored these and failed to accurately diagnose his condition, he may have the basis for a medical malpractice claim. The strength of the claim will in large part be determined by the medical records which will detail his symptoms, tests performed and pertinent medical history.
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.
I am uncertain whether your husband has suffered a significant Permanent injury because of the delay in proper diagnosis. He certainly suffered during the period of delay, but whether he has sufficient harm from the delay to justify the risk and expense of a lawsuit is something you should discuss with medical malpractice lawyer.
Thus, even if negligence can be established, I am uncertain 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.
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.
Answered on Jun 03rd, 2014 at 3:43 PM