QUESTION

I almost died from surgery. I told the doctors that I had a DVT in the past and now I am on warfarin for life. Do I have a claim against the doctors

Asked on Sep 04th, 2012 on Medical Malpractice - Colorado
More details to this question:
I was in the hospital for a week on a heperin drip. I had clots in my lungs and my left leg. The surgery was 6 years ago and I keep thinking about everytime I have to go in to get a INR.
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1 ANSWER

I am sorry to hear about this.  To have a successful medical malpractice case against a doctor or health care provider, the doctor's action must have fallen below the standard of care and as a result, you suffered damages.  The damages usually have to be very high and it must be clear that the act was below the standard of care.  Most states require the hiring of an expert witness (usually another doctor) to testify against the doctor that cause the harm before a lawsuit can even be filed.  This is sometimes hard to find and experts are expensive.  These cases are difficult to prove, lengthy and expensive.  Also, there a time limitations in which you have to bring a suit, otherwise you are time barred.  In Colorado, the time limitation is probably 2 or 3 years from the date of the harm.  Which, unfortunately, may mean that you have missed this time period and may be barred.  If you are still interested in proceeding with a potential suit, I recommend contacting local medical malpractice attorneys in your area.   A local attorney should be able to provide you with more state specific information which relate more directly to  your specific set of facts.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. 
Answered on Sep 04th, 2012 at 12:44 PM

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