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