ER did not treat my husbands breathing issues.

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.  Though your husband was admitted two days after your visit to the ER, it may not have been malpractice to fail to admit him at the time of the ER visit.  This type of decision is often a judgment call by the deciding care provider, and when the decision is one of judgment, the physician gets the benefit of the doubt. 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 unless your husband suffered a permanent injury from the delay in admission, a jury will not give him a substantial award.  I am not insensitive to the impact the experience has had on you both, but Colorado juries are not inclined to give any award for pain and suffering. 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 hope that your husband makes a complete recovery.