QUESTION

How can I really find out if I have a case?

Asked on Jun 20th, 2014 on Medical Malpractice - Colorado
More details to this question:
I have cervical degenerative disc disease, I was referred for shots to take care of the pain. I got the shots, more than 4 rounds of them, steroids. My right hip ball and femur disintegrated, so I ended up having a total hip reconstruction surgery. I've been told, by my other health care providers, these shots caused this. I have all my medical records so I have exactly what was put into my body.
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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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 use of steroid injections is a recognized treatment procedure for cervical degenerative disc disease, so it is likely that it was not malpractice for your treating physician to try the injections.  Sadly, the possibility of avascular necrosis is a known risk of the use of steroid injections and thus your condition was not necessarily the result of negligent care but probably bad luck. Of course, your health history is unique and there may have been characteristics which would have placed you at higher risk.  If you are being told by a treating physician that you should not have received the injections because of a particular condition, then there may be a basis for a lawsuit. 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 outcome that you suffered will compel a jury to a substantial award.  I am not insensitive to the impact the experience has had over the past year on your family and yourself, 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 you make a complete recovery.
Answered on Jun 20th, 2014 at 3:34 PM

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