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Colorado Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: In dental malpractice cases does statutes begin at the time of discovery if discovery isn’t until 3 years later?

I discovered bone loss in my jaws 3 years after my treatment because the dentist continued to adjust my dentures for 1 1/2 years )due to an error when making impressions) and then decided I couldn’t wear dentures after all bcuz I was a rare person who couldn’t wear them and needed implants... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Colorado attorney, a general premise applied in many jurisdictions that observe a discovery rule in med mal cases is that the clock starts running from when something was... Read more »

Q: If I was hurt at work by another employee do I still qualify for no fault work coverage for my medical bills?
Tim Akpinar
Tim Akpinar answered on May 18, 2020

It could depend on the circumstances. If you consulted with a workers' comp attorney, they would be in the best position to evaluate your situation. There are certain types of injuries not covered, and a WC attorney would have better insight into this than personal injury attorneys. It's... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for Colorado on
Q: Does a dentist have to tell you your condition , risk, & the alternatives to prevent your condition from worsening?

Does a dentist have to warn you about bone loss in your jaw, & that it’s going to get worse once your remaining teeth are pulled before pulling your teeth. & if there’s a preventative option that will prevent the further bone loss does he have to tell you that ?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Colorado attorney should advise you on this, but your post remains open for four weeks. You raise the doctrine of informed consent. Yes, you should be warned about the risks associated with any procedure. You could contact a Colorado attorney to discuss your matter and learn about the doctrine in... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: The E. R i was at without written or verbal consent contacted the surrounding hospital with my name, diagnoses,to not tr

After seeking medical attn. From the e.r for sever abdominal pain.i also before being offered or asked denied any pain and all pain medication.i also informed them that the almost dibilitating pain i was encountering seemed to me like a kidney infection was present! I also informed them that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

I'm sorry for your ordeal here between the two emergency rooms. A Colorado attorney could advise best on privacy issues here regarding medical records, as those could involve elements of state law. But your post remains open for two weeks. It is very fact-intensive, and difficult for an... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: E.D. nurse after my son died said to me, "cry me a river about your son." This has increased my grief.

Also gave me a shot in bicep instead of deltoid pain in right arm since.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2019

I'm very sorry for your loss, and the cruel and heartless things said to you. Contact a Colorado attorney to try to arrange a free initial consult. With further detail and context, an experienced attorney might at least be able to determine if the matter warrants further investigation/review... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Colorado on
Q: If voice recording a doctors visit, does the doctor need to be notified in the state of Colorado to use it in court?

I would like to record my doctor visit, However I fear that if I tell the doctor I am recording he will change his tone and not show how he has been truly treating and talking to me. If I record the visit without notifying the doctor can I use it in court or do I have to notify the dr? My state is... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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.

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Colorado on
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

Stated it must be from a previous injury I had before current employment even though previous injury doctor has released me from treatment and this new injury is not related to the previous one. Should I call an attorney?

Julie Swanberg
Julie Swanberg answered on Jan 8, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Colorado on
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.

The dental assistant assaulted me by over-gassing me on purpose. They won't tell me her name now because I told them I was maybe going to file a police report.

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

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... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
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.

Now i have hospital bills, i may have trouble finding another job. My boss stayed in the room. HIPPA violations. I did work in the same hospital. I quit do to this. I have 2 hours of the admissions on video. With the mri, they irratiated my head and eyes for 30min. For a urine test. I have them... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2017

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: In Colorado, is it lawful for a psychiatrist to prescribe anti-depressants to a minor of 15 without parental consent?

I am aware that in the state of CO, minors of 15 may consent to some treatment, but I have also been informed that "a parent has to consent to medical treatments for a child under 18, unless the child is at least 15 years old, is living away from his or her parents, and is paying his or her... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 7, 2017

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...
Read more »

1 Answer | Asked in Medical Malpractice for Colorado on
Q: Can I sue a hospital and doctor for failing to treat a bleeding disorder, discharged me- I later had transf and surgery.

I went to the hospital mid September, heavy period that wouldn't stop. Dr dismissed me, saying stop bleeding and see gyno. He printed up a Canadian illegal pharmacy with the suggestion to look into those meds. A month later, still bleeding, I went back to another doctor after passing out,... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 21, 2017

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... Read more »

1 Answer | Asked in Medical Malpractice for Colorado on
Q: Can a psychiatrist record via audio or video a session without asking or telling you FIRST?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 25, 2017

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... Read more »

1 Answer | Asked in Personal Injury, Sexual Harassment, Medical Malpractice and Small Claims for Colorado on
Q: I was injured by a physical theripist. He also violated hippa

The facility where he did or still does work won't return my co- pays. I reached my out of pocket expenses in September. It is over 600$

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 21, 2017

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: Can I sue a hospital for sending me home with a very sick child?

I took my baby to the er they said she was fine. Today I took her to children's hospital for the same reason and now they are putting a breathing tube in and we have to say we for a week.

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2017

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... Read more »

2 Answers | Asked in Medical Malpractice for Colorado on
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?

She has seen me four times. On the third time her analysis of my symptoms was complete showing ptsd after holding my 9 yr old daughter's skull together after a horrific car crash and leaving her to rescue my other two children, now caring for her 24-7 and losing my husband after he could not... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 28, 2017

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.

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1 Answer | Asked in Family Law, Civil Rights and Medical Malpractice for Colorado on
Q: I am 18 and my counselor released my drug test results to my father before me in the state of colorado without consent

i have to go to family tharapy for court, to compleate the tharapy i had to take a drug test, my father was shown my results before me without my consent

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 27, 2017

You may have a HIPAA violation. Contact an attorney.

2 Answers | Asked in Medical Malpractice and Wrongful Death for Colorado on
Q: My Father died from what I believe was medical negligence. I need to make sense of this.

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

My father was a quadripelgic. Whom very recently passed away. He started with a bed sore on both buttocks no... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 16, 2017

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... Read more »

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1 Answer | Asked in Medical Malpractice for Colorado on
Q: My wife has diabetes and went to Kaiser to get her metformin refiled. She was about to use that refill when Kaiser

Called and told her they gave her meds to slow down Heart beat and to stop taking drug and bring back med and they will replace with the right drug she almost took drug and could have died. Are they responsible for almost killing her?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 27, 2016

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).

2 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Did med malpractice occur when my child's MD failed to recognize serotonin toxicity as the source of her panic disorder?

My daughter developed a sudden & extreme panic disorder her freshman year of hs. We were told by ER, psychiatrist and LCSW that it was the most common time for girls to develop it. The psychiatrist prescribed anti-anxiety med. Her condition worsened. Concurrently, she was taking increased... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 1, 2016

You will need to contact a medical malpractice lawyer. Only a medical expert can say whether the doctor diagnosis was negligent or not.

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1 Answer | Asked in Medical Malpractice for Colorado on
Q: My mother is the plaintiff in a med mal lawsuit. Can her home be taken if she looses the case?
Adam Studnicki
Adam Studnicki answered on Jul 21, 2015

More information is needed to answer this question. She should ask her medical malpractice lawyer.

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