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Can I file a claim against a doctors Insurance for damages from a medical procedure that had severe complications? And how to correctly do this.

1 Answers. Asked on Feb 25th, 2012 on Medical Malpractice - Colorado
More details to this question:
Had Lumbar ESI''s of the L-4 & L-5 under anesthesia and 9 hours after the medication wore off severe pain presented, Doctor was notified and he said to "wait and see what happens" It is now three years later and the severe pain and muscle spams that developed from it are still present . Medical Malpractice lawsuit was not filed as no one could absolutely tell what had happened but offending Doctor will not respond to phone calls or talk to other doctors when contacted.
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Answered on Apr 04th, 2012 at 12:33 PM

Other than seeking assistance from a local attorney in your area, I am not sure there is much else you can do at this time.  It seems like you have tried negotiations with the doctor and he is refusing to cooperate.  I do not recommend trying to file a suit against a doctor or their malpractice provider without the assistance of a local experienced attorney.  Malpractice actions are very difficult, expensive and time consuming. They often require the hiring or consulting of an expert witness.  Also, it is likely that your statute of limitations period has expired. It is likely that you only had 2 years to file a cause of action from the date of the incident and by not doing so, you are likely barred from such now.  However, a local medical malpractice attorney in your area can help you better determine this.  I would try and talk to a few attorneys in your area about this and see if you can find any help.  Most attorneys who handle these types of cases only charge on contingent fee basis  - meaning no money is required to be put up front and their fee usually comes out of a settlement, if any.  I hope this information helps.  Best of luck!

NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. 

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Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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