Legal Question in Medical Malpractice in Colorado

Re: Do I have a legitimate Medical Malpractice case?

Whether you have a possible medical malpractice claim depends upon the care provided by the medical facility in light of the information they had at the time of treatment - your input as well as that of the ski patrol and any witnesses who might have accompanied you. If you presented with indications of a neck injury and they were ignored, you may have a claim.

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. A medical expert would be needed to review your file to determine if you received negligent care.

However, once negligence can be established, you must then assess whether it is cost-effective to pursue a claim. 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. For a fully-informed legal opinion, you should have your medical records reviewed by an experienced medical malpractice lawyer.

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.