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Colorado Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
T. Augustus Claus
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answered on Nov 7, 2023

The statute of limitations for a personal injury or medical malpractice claim in Colorado can start to run when you discover the injury or malpractice rather than from the date of the injury or malpractice itself. This is known as the "discovery rule."

The discovery rule applies...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Michael Joseph Larranaga
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answered on Nov 13, 2023

It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.

This issue confuses a lot of...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Dec 4, 2023

You will need an answer from a Colorado attorney. That said, I would get that answer as soon as possible because, at least in New York (my State of practice) and many other states, the time it takes to "discovery" malpractice does not necessarily stop the clock for limitations purposes.... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: A couple of years ago, I was diagnosed with metastatic prostate cancer. My PC missed it, do I have recourse?

I just met with a doctor at RMCC and he informed me that I likely had it for seven-eight years and I'm just now getting treatment for the 8 tumors I have. Do I have a case for malpractice? I feel I should have some funds to compensate for the crap I have to go through now, and expenses that... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2023

It depends on whether your PCP’s conduct fell below the standard of care.

For most men, prostate cancer screening is recommended starting at age 50. A PSA blood test is effective in screening for prostate cancer but it isn’t 100%.

Questions to ask yourself include:

1)...
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1 Answer | Asked in Medical Malpractice for Colorado on
Q: Dental office overcharge me more than $1200, and makes excuses for no refund.

I’ve been working on getting my refund for 3 months and they always say someone needs to approve the refund as opposed to issuing me a check. I can’t get past the front desk manager to get answers.

Joel Gary Selik
Joel Gary Selik
answered on Jan 23, 2024

Showing them a small claims lawsuit before filing it may get their attention.

1 Answer | Asked in Medical Malpractice for Colorado on
Q: I was dosed w Ambien told I was not in labor, discharged in agony gave birth alone while hallucinating 4h later.

after hours of monitoring w/contractions, no pain management, 'never seen doctor only nurse and ultrasound guy was told repeatedly There was no way" "NOT IN LABOR!" Is this Medical neglect? My son was in nicu for weeks after floppy and on oxygen and feeding tube.

Joel Gary Selik
Joel Gary Selik
answered on Sep 23, 2023

Most likely, yes. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced medical malpractice attorneys.

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Medical Malpractice for Colorado on
Q: Can hospital give a woman with contractions ambien tell her" go home sleep it off" "noway ur in labor"

she then gave birth home in bathtub ALONE & hallucinating. records on mychart of visit are not visible if recorded at all. then cps removed child and mother had no golden hour or breastfed baby since birth . thats not even all of what happened . need consiltation asap

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 22, 2023

What a horrible experience. I'm sorry you had to go through that. You should call a lawyer who represents clients in medical malpractice cases. There are several firms in Colorado who specialize in that area of law. You might try contacting Cornell Johnson, Mac Hester, Jim Puga, Hollynd... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Doctor did a procedure on me without telling me they were doing it, no info why, didn’t ask if ok & no informed consent

I wanted to know if they are allowed to do this? I never met the doctor before, he never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the medication she was putting in me, I was there... View More

Michael Joseph Larranaga
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answered on Apr 20, 2023

While there is likely more to this story if there was no authorization and the operation was performed on the wrong person then it can be a major problem. You need to contact a personal injury attorney to discuss this. Words such as assault, battery, and gross negligence come to mind.

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can a provider/specialist do a procedure without an informed consent or discussing/giving information to the patient?

I wanted to know if they are allowed to do this? I never met the doctor before- I was a new patient, ref by primary. He never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2023

Doctors must get informed consent before doing medical treatment with very few exceptions.

1 Answer | Asked in Family Law, Medical Malpractice and Child Custody for Colorado on
Q: My medical records used in custody dispute, without my consent or knowledge via ex. What action can I take?

My ex provided a print out of my medical information from delivery as an exhibit in our custody hearing yesterday without my consent or knowledge in an attempt to slander. Colorado

Sabra M. Janko
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answered on Mar 12, 2022

I am sorry to har about that. How did you ex obtain a copy of your medical records? Your consent is not required for use as evidence.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... View More

Sabra M. Janko
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answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Colorado on
Q: What legal grounds do we have for a case against UC Health making a clerical error that costs us money?

She is a soldier in the Army and emergencies such as these are covered by Tricare which is the health insurance provided for military members. She received a bill in the mail for her hospital visit saying that Tricare did not cover the cost because it was not coded by UC Health correctly as an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2020

A Colorado attorney, and possibly a military law attorney familiar with the operation of health benefits for members of the armed forces, could advise best here, but your question remains open for three weeks. The matter might require someone familiar with medical coding to look at the CPT and... View More

1 Answer | Asked in Medical Malpractice for Colorado on
Q: I'm looking for a serious lawyer. Im trying to file a medical malpractice law suit.

This is something I'm not going back down from. No one ever gets back to me after the first call. I'm 47 years old and because of this hospitals negligence I'm now having to file for disability. I'm not looking for any handout. They not only cost me my ability to work. It almost... View More

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2020

A Colorado attorney could advise best, but your question remains open for three weeks. It would be difficult for an attorney on this Q & A Board, whether they practice in Colorado or elsewhere, to offer insight into why your case is not being met with interest by attorneys. In terms of an... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: the Er put me at risk by not looking at test results they had in hand the same day but called me 4 days later to come

The staff had triaged me, had all the test results in hand, had the ekg in hand, had used one of those finger tip pulse/oxygen things a couple of times. My heart rate was at a 29-32 they sent me home and a cardiologist finally read tithe ekg 4 days later that is when they called me to come back in.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to med mal attorneys to discuss the matter in greater detail, including the extent of damages you suffered. If an attorney felt there might be a basis for a case, they could request... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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