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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband was misdiagnosed with a cracked ankle on Nov 25,

Customer Question

My husband was misdiagnosed with a cracked ankle on Nov 25, 2015 and a fiberglass cast was put on and told not to remove it and after four days and removing the cast because of pain-a pressure sore had formed. He had to have infection removed and a wound vac applied which he still has and will have to have a skin graft.
We don't know what our recourse is
Jackie Pierce
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Before most medical malpractice attorneys will take a case, they will want you to have a medical expert who is willing to write a report that the doctor you had acted below the reasonable standard of care. Such a report is required to file suit for malpractice in Colorado. See: Colo. Rev. Stat. Ann. § 13-20-602
In many medical treatments the predicted or optimal outcome does not occur, the only way the doctor is liable is if they did not act within the proper standard of treatment and only another doctor can attest to what that standard of treatment would be and how the doctor deviated from that standard.
So, before you can get a medical malpractice attorney to take up your case, your husband needs to get to a doctor who is willing to submit a report saying what the previous doctor did was incorrect.