Colorado Medical Malpractice Attorneys

Medical negligence may occur when a physician or hospital makes an error in the diagnosis, treatment or management of a patient. At Chalat Hatten & Koupal PC, our medical malpractice attorneys represent individuals who have suffered extensive injuries, and families who have lost a loved one, due to the catastrophic medical negligence of a hospital, physician, nurse practitioner or other health care provider in Colorado. Contact an attorney at our firm today to learn more about your rights.

The negligence of medical care providers - commonly referred to as medical negligence or medical malpractice - gives rise to one of the most controversial types of personal injury lawsuits. Public relations campaigns by insurance companies incorrectly imply that doctors are frequently sued unjustly and that the high cost of medicine is due to improper lawsuits. In truth, malpractice cases are infrequently brought, aggressively defended and not easily won. That is why you need experienced medical malpractice lawyers familiar with Colorado laws and the Colorado malpractice insurance industry.

Colorado physicians and hospitals receive substantial protection from legislation. In Colorado, laws cap damage awards and sharply limit cases against physicians. In order to file a Colorado medical malpractice claim, the case must be reviewed by a medical expert, usually a physician, who certifies that there is a basis for alleging malpractice. To prove malpractice, it is necessary to present the testimony of a physician that the treating doctor made an error. Finding another doctor to testify against a fellow physician is typically costly and difficult. At Chalat Hatten & Koupal we have built a reputation that gains us access to the best-qualified medical experts, providing credible testimony that persuades jurors.

Except in extraordinary circumstances, a Colorado medical malpractice suit must be filed within two years of the negligent treatment. If the facility is government owned or operated (e.g., a county hospital) a much shorter statutory notice period may require far earlier action. These claims are always time-sensitive; if you suspect you may have a medical negligence claim, you should act promptly.

These hurdles make the successful pursuit of a Colorado medical malpractice claim difficult, but not impossible. We have the resources and knowledge to advise you and your family on pursuing your viable legal options. If you believe that a mistake was made in your medical treatment, and you wish to discuss your matter with an experienced attorney, please contact a lawyer at our firm or call us today at 1.866.701.7292.

Failure to Treat Results in $10 Million Verdict

A nine year old boy visited his primary care pediatrician in October, 2004 with symptoms of frequent urination and neck "stretching." The doctor attributed his symptoms to anxiety and/or stress, brought about by his family's recent move from Israel to the United States. The boy's mother consulted with the pediatrician by phone on at least two occasions following the exam. It was undisputed that the mother reported occasional headaches and fatigue in one of these calls. The patient was next seen for an office exam on March 15, 2005, reporting headaches, dizziness, visual disturbances, shoulder pain and increased fatigue. The doctor's assessment remained that the patient's symptoms were related to stress or anxiety. The youngster was seen again on March 30, 2005, with complaints of acute shoulder pain. Between April 1, 2005 and May 9, 2005, his pain symptoms worsened and evolved. After a phone call on April 18, 2005 in which the boy's mother reported "pain all over," the doctor noted in the chart: "doubt underlying organic DZ (disease)."

On May 9, 2005, the boy was examined by the pediatrician's partner, who was covering for the vacationing doctor. The partner ordered a direct admit to the Children's Hospital in Denver, where an MRI of the C-spine revealed a juvenile pilocystic astrocytoma (JPA) in the suprasellar/hypothalamic region of child's brain. The radiologist noted that the tumor was "obliterating" the third ventricle. When an emergency ventriculostomy to decompress and reduce intracranial pressure was performed, the tumor bled, necessitating a craniotomy to debulk the tumor. The bleed and craniotomy caused profound cognitive deficits, blindness in the right eye, partial blindness in the left eye, diabetes insipidus, significant Tourette-type tics and other significant damage.

The boy and his family brought suit against the original pediatrician only, on the contention that she had negligently failed to refer the child for a diagnostic MRI based upon his history of headaches, visual disturbances, worrisome and inexplicable radiating pain in his neck, shoulders, and groin, and in the face of progressive weight loss.

The plaintiffs' experts testified that a diagnosis made 30 days earlier would have allowed sufficient time to institute 3 cycles of chemotherapy, which would have the effect of controlling further growth of the tumor, thus preventing the bleed and the need for the craniotomy. At trial, it was demonstrated that patient would need lifetime care, that he would not be able to earn a living, and that he would need full-time assisted living. A complete life care plan was generated and priced to a net present value.

On behalf of the boy and his mother, Chalat Hatten & Koupal achieved one of the largest medical malpractice verdicts in Colorado's history: $10,100,000.00, comprised of $9,000,000.00 in economic damages, including life care planning, lost earnings, and future medical expenses for the child, and $1,100,000.00 in economic damages for mother for past medical expenses and future medical expenses until the child turns age 18. No damages were awarded for pain and suffering, impairment or disfigurement. (In any event, Colorado caps such non-economic damages at $300,000.00).

Unnecessary Radical Double Mastectomy Result of Misdiagnosis

The client went to the hospital for a biopsy of her right breast. Her initial pathologist incorrectly diagnosed the benign tissue as cancerous. That misdiagnosis was confirmed by two additional pathologists.

The client, believing she had a cancerous lump in her right breast, went to a surgeon for a right breast mastectomy. Without either consent or a reason to suspect the surgery was necessary, the surgeon performed a double mastectomy.

Following her unnecessary double mastectomy, the client tried to schedule post-surgery cancer treatment, including chemotherepy. By this point, the pathologists had realized their misdiagnosis, but failed to inform the client that she had not, in fact, ever had cancer.

Chalat Hatten & Koupal brought suit on the client's behalf, alleging medical negligence and claiming economic damages for medical expenses, and claiming non-economic damages for pain and suffering and for physical disfigurement. The case resulted in a confidential settlement agreement.

$1.3 Million Verdict for Family of Patient Who Died After Routine Surgery

A surgeon performed a routine, anterior cervical discectomy on a 54-year-old mother. During the operation, the surgeon injured the patient's left common carotid artery. Although the doctor attempted to repair the damaged artery, after the surgery imaging studies revealed a large cerebral cortical infarct. The patient died two days later as a result of the injury to the carotid artery and cerebral cortical infarct.

After an eight day jury trial, the jury deliberated for about 2.5 hours and returned a verdict for the plaintiffs. The award was $540,094 to the surviving spouse for economic damages and $160,000 to each of the five other plaintiffs, the surviving adult children, for non-economic damages, for a total award of $1,340,094. Costs and prejudgment interest were not included as part of the jury's award. The presiding court then reduced the non-economic damages award to align with applicable statutory caps.

Contact an attorney at Chalat Hatten & Koupal PC today.

Birth Injuries
Hospital Malpractice
Medical Malpractice
Military Medical Malpractice
More About Military Medical Malpractice
Other Success Stories

"Past results are no guarantee of future results."