Legal Question in Medical Malpractice in Colorado
MIssed Diagnosis on MRI
4 years ago my husband began to complain about sciatic pain and underwent an MRI and a nerve conductance test. The nerve test showed nerve impindgement and the MRI report indicated a small bulge. The neuro surgeon operated to remove the bulge and relieve the nerves. My husband continued to have pain that he repeatedly described in the area of his sciatic nerve that progressively worsened. 2 years later they did another MRI and said they saw nothing wrong. He continued to be in severe pain, missed work, treated for depression, physical therapy, chiropractor and the list goes on. Finally 2 months ago he asked for another MRI and this time they found a tumor on his sciatic nerve root. They also looked back and saw the same tumor on his 2 previous MRI's with no reason for why it wasn't discovered earlier. Now he must undergo surgery again and possible suffer permanent nerve damage. Meanwhile we have spent thousands of dollars trying to treat his pain with no success over 4 years. We have 3 small children and it has been very difficult on our family and our marriage. We hope it isn't too late to improve his pain, but we are also very upset that this wasn't found sooner.
1 Answer from Attorneys
Re: Missed Diagnosis on MRI
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 distinct act of negligence, or omission of appropriate care, are clearly apparent in the medical record. The failure to identify the tumor, if evident in the first and second MRI images, is such an instance of negligence.
However litigation expenses are very high for this type of claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. An assessment of the health complications arising from the delay in diagnosis and the associated expenses would be required to evaluate your options.
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, in your husband's matter, from the date on which the patient should have known of the malpractice, or lose your right to do so. Other time limitations may apply.
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