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Colorado Medical Malpractice Questions & Answers

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 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 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 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 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 own... Read more »

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 some...
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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, had to... Read more »

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 negligent... 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 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 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 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 what... 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 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 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 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 lawyer will... 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 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 amounts... Read more »

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 answered on Jul 21, 2015

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

1 Answer | Asked in Medical Malpractice for Colorado on

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

John M DeProspo answered on May 18, 2015

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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