I am wondering if I would have grounds to sue for medical malpractice or other compensation.

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I am wondering if I would have grounds to sue for medical malpractice or other compensation.

I experienced a sports injury that resulted in back pain my senior year of high school, 2013. After figuring out it was more serious and around to stay I went to a specialist in my area at Northwest Brain and Spine. The doctors never took X-rays and gave me a minimal physical exam before making a diagnosis of sacroilliac joint dysfunction. They recommended corticosteroid injections to the joint and after about a month, it had worn off. About 5 months later I had another set of injections which didn’t last long either. Without any further examinations, 7 months later they decided to perform a radio frequency ablation of the nerves in that sacroiliac joint. I was in so much pain from that and I developed nerve damage to the skin in the area and it is extremely sensitive. I cannot lay flat on the ground or do a push up in fear of that area experiencing pressure. That did not last more than a couple of months of some relief before I was back in pain again. A year and a half after my ablation I went back for one more corticosteroid shot before giving up. Since then I still experience chronic pain and cannot function like a normal young adult. I am now 22, seeking further opinions from different doctors and all of them disagree with the previous operations done to me. I finally have an X-ray showing my si joints are fine and that I actually have some mild spine deformities in my lumbar region. I have an M scheduled in the near future to develop an actual treatment plan. Is there anything I can do about the neglect I experienced from the doctors at Northwest Brain and Spine? Looking back, I should have left them early on but I was so desperate and in so much pain I did not feel I had the option to leave. The next closest specialist was 3 hours away so I thought they were my only option at the time.

Asked on August 24, 2018 under Malpractice Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, it is too late to file a lawsuit for medical malpractice because the statute of limitations has tolled (expired).
In Colorado, a medical malpractice claim must be brought within two years after the malpractice occurred.
However, the two year period can be extended because that time limit does not begin until the harm caused by medical malpractice is discovered or should reasonably have been discovered.
The problem is that regardless of when a person discovered or reasonably should have discovered the injury, the medical malpractice claim must be filed within three years of the date of the alleged malpractice.
Since five years have elapsed, you have missed the statute of limitations and you have lost your rights in the matter forever.


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