QUESTION

My mother was given Methotrexate a couple of months prior to her death for RA. she was otjer wise healthy. Approx Two months after she she was given a

Asked on Sep 30th, 2014 on Medical Malpractice - Colorado
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She was only 59 years old . The doctor that perscribed the methotrexate never did a chest x ray which could have found the cancer sooner. Instead it caused the cancer to spread rapidly to the brain before it was found due to my mom having increased confusion. I feel he neglected to run a test that could have extended her life instead it was cut very short. My mom also had a stong history of cancer in her family and was a smoker. With small cell lung cancer methotrexate caused it it spread very rapidly. She should have never been placed on this medication without having a chest x ray done. Which is recommended prior to being put on methotrexate due to its fatal side effects. Do I have a case.
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Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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Thank you for contacting my firm concerning your possible medical malpractice claim.  My sincere sympathy on the loss of your mother. 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.  A quick search on the internet does not produce any indication that methotrexate is inappropriate for rhumetoid arthritis or that it accelerates the spread of cancer cells.                                                                                                                                                                                                                                      However, even if negligence can be established, I am uncertain 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.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the sad results your mother suffered demonstrate medical negligence to such a degree to compel a jury to a significant award. 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 Oct 01st, 2014 at 1:31 PM

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