QUESTION

Would like to know if you have elective shoulder surgery for torn labrum and almost dying with a blood clot on lung would be a case for malpractice?

Asked on May 13th, 2014 on Medical Malpractice - Colorado
More details to this question:
May have been released from recovery too soon. Have Diabetes and high risk. Went home for weekend slowly dying.Wife said Dr. slow to respond to calls and then doubled pain meds. Mon. a.m. ambulance called, all organ shutdown. On life support 2 weeks, in hospital 1 month. 6 months later still trying to recover. Fell and my shoulder broke and Diabetes out of control and brain damage. do you think there may be a case?
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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.  To establish a basis for a medical malpractice claim against the surgeon or the hospital, you must be able to prove that the care you received was sub-standard or negligent.  Your medical records will be the best basis for showing what care you received and provide evidence of negligent care.  But often blood clots are a risk of any surgery, so there must be a specific act which, if done differently, would have prevented the clot. Given the complicated nature of your condition following surgery, I strongly recommend that you contact a medical malpractice attorney to discuss your matter.  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.
Answered on May 15th, 2014 at 1:02 PM

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