Do I have a case for medical malpractice against my doctor that caused me pain due to bad stitches for a surgery in 2003

You, first, should get in to a Colorado attorney as soon as possible. The statute of limitations on medical malpractice actions varies from state to state, but most are no more than two years or so from the date of discovery. Once the statute of limitations has expired, you no longer have a cause of action.

In this day and age of tort reform, most medical malpractice attorneys are very cautious about the kinds of cases they sign up. Juries have been taught that claims against doctors cause health care costs to rise and, unless the injuries are particularly egregious, are often reluctant to help out even those who clearly have been wronged. What's more, a case for medical malpractice necessarily requires an expert to opine that the standard of care has been violated. In your case, you may need a GP, a surgeon, or both to say the doctors who saw you were negligent. That could mean things would get very expensive. Don't be surprised if it takes a while to find a lawyer who is willing to take a look at your case. Be persistent and hurry!

I have to echo what Mr. Britton has already told you about the law in most states for medical negligence. The short answer is that it is highly unlikely that your statute has not already expired. In Florida, no matter when you learn that negligence has happened you cannot bring a claim more than 4 years from the date of the negligence. These cases are very expensive to litigate because we must prove the negligence through the testimony of medical experts. In addition if your GP is only willing to say that the stitches "possibly" caused your problem you will have issues of proof. The legal threshold requires that the testimony be that the stitches likely caused the problem or at a minimum that there is a 51% liklihood. There is also a likelihood that scar tissue that naturally develops after any surgery is the cause of your pain. Litigation in this area of the law is extremely difficult.

However, do get to a local attorney as soon as possible to fully explore your rights.

Betsey Herd
Tampa, Florida
Morgenstern & Herd

Dear Ms.
Each state has their own statute of limitations governing when cases must be commenced. You should contact an attorney in Colorado who is well versed in medical malpractice cases. Typicall, the statute will begin to run upon your knowledge or suspicion of wrongdoing.
Good luck,
Craig S. Walkon
walkon@craigwalkon.com