You describe a very sad experience, a routine surgery that has resulted in significant disruption of your husband's and your life with a possible permanent impairment.
However, 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.
When complications arise following surgery, such as an infection, there still must be an act or omission which supports an allegation that substandard care was provided. Infections occur in even the best of health care facilities, but signs of infection should be evident to the surgeon during follow up examinations. If the foot doctor failed to adequately assess the surgical wound and ignored the signs of infection, then your husband might have the basis for a claim. It will depend upon whether a medical expert also specializing in foot surgery concludes that your husband received sub-standard care. This type of opinion requires the expert to review your husband's medical records and then offer an opinion as to what should have been done differently. Such a review typically costs about $1000 - $3000, but it is required to obtain such an opinion before proceeding to file a medical malpractice claim in Colorado so the money spent is an investment in your legal 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. I would welcome an opportunity to answer any further questions you may have if you wish to call me.
Answered on May 29th, 2014 at 3:47 PM