Legal Question in Medical Malpractice in Colorado

Re: hearing

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 clearly apparent in the medical record. Your wife may well have a malpractice claim against the dentist. Depending upon the exact procedure, it is likely that it was negligent for the dentist to involve the ear in the insertion of the needle. To pursue a malpractice claim would require the opinion of a medical expert, in this case a dentist, to testify that negligent care was given.

Even if negligence can be established, the loss of hearing must be shown as resulting directly from the negligent care. The best case would be made by her treating physician if he is willing to testify as to the cause of the loss of hearing.

However, the cost of litigating this type of claim is very significant. 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.

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. For further information concerning your wife's possible medical malpractice claim, you should speak with an experienced malpractice attorney licensed in Colorado.