QUESTION

Wondering if we have a case involving a pain pump.

Asked on May 30th, 2014 on Medical Malpractice - Colorado
More details to this question:
M mother has a pain pump implanted in her side. She went to her pain clinic to have it refilled and the doctor missed her pump and injected her with 3 months worth of pain medication at into the soft tissue. She was transported by ambulance to the icu and has been there since 5/27/14. Her vitals as of now are stable but they are keeping her in the icu for observation. Im wondering if there is anything that can be done, I would hate to see this happen to anyone else. It is still unclear if there will be any long term effects. Thank you for your time.
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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.  Given the facts you provide, there may be a claim against the doctor for the negligent insertion of the pain medicine.   However, even if negligence can be established, I am uncertain that it would still be in your mother's 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.  The subsequent treating physicians who have cared for your mother since her ICU admission can provide you with some insight as to whether there will be any longterm consequences from the overdose.  If so, then it may be worth pursuing a 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 wish you luck.
Answered on Jun 02nd, 2014 at 2:28 PM

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