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