How doI determine whether or not to pursue a malpractice claim?

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How doI determine whether or not to pursue a malpractice claim?

My daughter had a tonsillectomy/adnoid removal in 07/10. My daughter’s uvula was damaged during her surgery and could no longer pronounce certain sounds. She has been in speech therapy both at school and with a private practice on a weekly basis since August. Everyone has told me I should sue the ENT surgeon who preformed the surgery. I was just curious if there really was a possible case or not? Should I consult with a malpractice attorney? In Larimer County, CO.

Asked on December 4, 2010 under Malpractice Law, Colorado

Answers:

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

Answered 14 years ago | Contributor

It would be advisable to obtain your daughter's medical reports and medical bills from the surgery.  Once you have the medical reports, it would be advisable to have your daughter examined by another doctor to get a second opinion to support your claim that the surgery caused her injury.  The second doctor can also review the medical reports.  It would be advisable to contact a medical malpractice attorney.  If the surgery caused your daughter's injury, you would have a claim for medical malpractice.


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