QUESTION
My husband was diagnosed with aneurysm in his brain. He was admitted on spot and put in ICU. They said he couldn''t go home, he better stay at the hos
Asked on May 30th, 2012 on Medical Malpractice - Colorado
More details to this question:
pital. Before surgery I asked if there is more chance for successful surgery then bad - his surgeon said yes. In worst scenario he may never walk again, so my husband and children and me were ok as long as he lived. Surgery left him completely paralyzed and for 7 months we watched him going down .We were not aware at all that something like that happen and if we did, my husband would be the one who should be making decision if he wants that. We were full of hopes , we barely had time to say goodbye and that was it. I am still in shock. He died in July 2011. What you think about it?
1 ANSWER
Consumer Law Attorney serving Denver, CO
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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 clearly apparent in the medical record. It is not clear what specific conduct you believe was negligent and given the facts you provide, I am unsure that any care was negligent. A bad outcome,and certainly your husband's paralysis is a terrible outcome, does not mean the doctor committed medical malpractice.
I regret not being able to offer more hopeful advice, but given the information you provide I do not believe a jury will be compelled to find the doctors negligent. 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 wish you luck.
Answered on Jun 04th, 2012 at 2:08 PM