Hmm, he may
have a case, but it would not be very strong. But, he may still likely be able to get something in settlement. Allow me to explain.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
This is medical malpractice, arguably. As a matter of law, in order to establish a  malpractice claim, three elements must be proved: (1) the [physician] owed a duty of care to the plaintiff, (2) the attorney breached that duty, and (3) the attorney proximately caused damage to the plaintiff. Bebo Constr. Co. v. Mattox, 990 P.2d 78, 83 (Colo.1999).
Here, the issue is that the injury is HEALING. There is no permanent damage, arguably. If so, the jury would be a lot less likely to award damages if there IS no permanent injury.
However, medical entities carry insurance
that bounce to a settlement in many cases just to avoid possible litigation
. An attorney is recommended. This is because they do not see you as much of a threat without an attorney since your filing or winning a suit without counsel is unlikely. So they are less likely to settle. But with an attorney, it is likely that actual litigation would be executed, and the insurance company may then offer a settlement just to make one go away.
May I recommend the CO Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Then a settlement is usually reached. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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