Colorado Medical Malpractice Questions & Answers

Q: If voice recording a doctors visit, does the doctor need to be notified in the state of Colorado to use it in court?

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Colorado on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Why not discuss this with your attorney. It does mean that many doctors may shy away from treating you so you'd really need to consider if there are other ways to get the same information.

Q: I was injured at work and the workman’s comp doctor refused to offer much help implying that I am faking the injury and

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Colorado on
Answered on Jan 8, 2018
Julie Swanberg's answer
Yes. If the treating doc says you're faking it or your problems are completely from an earlier injury (and not because you aggravated it on your current job), it will be difficult without an attorney to get the insurance company to either begin paying benefits or continue to do so. Find an attorney who specializes in workers' compensation.

Q: Is it a patient's right to know the names of the dentist and staff performing procedures on her? They refuse to tell me.

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Sep 1, 2017
Peter N. Munsing's answer
If you file the police report they will find out. You have a right to your records, but they may or may not say who was assisting (dental records are way different from standard medical OR records). Contact a member of the Colo. Assn for Justice who handles medical cases to discuss your options--they give free consults.

Q: My boss had me admitted in er for piss test and i recorded it on my phone. They took blood, did a mri. Where do i go.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Answered on May 1, 2017
Peter N. Munsing's answer
Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.

Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.

Q: In Colorado, is it lawful for a psychiatrist to prescribe anti-depressants to a minor of 15 without parental consent?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Apr 7, 2017
Tristan Kenyon Schultz's answer
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule, the practice you mentioned is allowed. There are some exceptions, but this is something you will need to contact (and pay for) a lawyer's opinion in a private setting.

Q: Can I sue a hospital and doctor for failing to treat a bleeding disorder, discharged me- I later had transf and surgery.

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Mar 21, 2017
Tristan Kenyon Schultz's answer
Maybe. Contact a lawyer that specializes in medical malpractice. Unless the attorney is a doctor and knowledgeable with your specific medical situation (which is very unlikely), the lawyer will likely send you to another doctor (an "expert") to evaluate whether the prior diagnosis was negligent and/or the treatment caused you harm. Many personal injury lawyers work on a contingent fee basis (if direct payment is a problem) and most offer free consultations.

Q: Can a psychiatrist record via audio or video a session without asking or telling you FIRST?

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Feb 25, 2017
Tristan Kenyon Schultz's answer
Check your contract with the psychiatrist, it should have a discussion of recording. Colorado does not require dual consent for recording. As a general rule recording is allowed provided that they are kept confidential. If the information is released to the public, courts, etc. it is usually a violation of confidentiality. Note, there are exceptions (e.g. malpractice claims, criminal proceedings, etc.).

Q: I was injured by a physical theripist. He also violated hippa

1 Answer | Asked in Personal Injury, Sexual Harassment, Medical Malpractice and Small Claims for Colorado on
Answered on Feb 21, 2017
Tristan Kenyon Schultz's answer
Contact a personal injury lawyer or a medical malpractice lawyer. The lawyer can review your physical injury and assess the actionably of the HIPPA violation. The attorney can also handle collection of the co-pay amounts that should be returned.

Q: Can I sue a hospital for sending me home with a very sick child?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Feb 7, 2017
Peter N. Munsing's answer
Depends on her symptoms first time. Things can shift overnight. However focus on her care, then when all the dust has died down and she's well, Contact a member of the Colorado Trial Lawyers Assn who handles medical issues--they give free consults. While it's fresh in your mind, jot down what happened when, then go over it put it in order. Jot down as exactly as you remember exactly what--the words--used by the people you interacted with at the ER. Not a "well I took it to mean that......" but...

Q: can my psych threaten to not turn in completed PTSD STD p/w bc I question a dx of bipolar based solely on a DNA test?

2 Answers | Asked in Medical Malpractice for Colorado on
Answered on Jan 28, 2017
Tristan Kenyon Schultz's answer
If you disagree with your doctor's assessment, she another doctor. You cannot force a doctor to change their opinion. However, one doctor's opinion does not necessarily means that other doctor's will come to the same conclusions.

Q: My Father died from what I believe was medical negligence. I need to make sense of this.

2 Answers | Asked in Medical Malpractice and Wrongful Death for Colorado on
Answered on Jan 16, 2017
Tristan Kenyon Schultz's answer
If negligence occurred, the doctor and hospital (if the doctor was on staff) are liable. The issue of whether the treatment was negligent is something that is beyond the scope of Justia's Q&A section. You will need to contact a medical malpractice or personal injury lawyer directly. The lawyer will review your cases and will likely need to consult with a medical expert for the expert's advice. Most personal injury lawyers work on a contingent fee basis.

Q: My wife has diabetes and went to Kaiser to get her metformin refiled. She was about to use that refill when Kaiser

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Jul 27, 2016
Tristan Kenyon Schultz's answer
Contact a medical malpractice attorney. As a general rule, negligence claims require some type of harm/injury to the party (emotional harm alone is not sufficient).

Q: Did med malpractice occur when my child's MD failed to recognize serotonin toxicity as the source of her panic disorder?

2 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Answered on Jul 1, 2016
Tristan Kenyon Schultz's answer
You will need to contact a medical malpractice lawyer. Only a medical expert can say whether the doctor diagnosis was negligent or not.

Q: My mother is the plaintiff in a med mal lawsuit. Can her home be taken if she looses the case?

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Jul 21, 2015
Adam Studnicki's answer
More information is needed to answer this question. She should ask her medical malpractice lawyer.

Q: Can a hospital be in trouble for contaminating a blood sample then forcing new infant to take antibiotic to cover tracks

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on May 18, 2015
John M DeProspo's answer
Yes, they can be held liable. Whether or not there is a medical malpractice case will depend on whether the infant sustained any injury because of the contaminated blood. You might want to consult with a medical malpractice lawyer in your area for a free consultation.

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