I am unsure as to what type of attorney to contact in regards to a medical suit regarding a malufunctioning pain pump.

There are two issues here involving two different types of attorneys. Generally, a medical malpractice attorney would be the best place to start. I am not in your state so I don't know your local malpractice laws, but I recommend you go first to a medical malpractice attorney. There is a second issue becuase the pain pump in a manufactured device that has malfunctioned and that is sometimes a product liability issue. Some states restrict this to only medical malpractice, but when you speak to a local medical malpractice lawyer, ask whether the manufacturer of the pain pump can be also sued in your state for manufacturing a defective product.

I suggest that you contact a personal injury attorney in your area. Generally this type of attorney is familiar with product liability issues and medical malpractice. When you speak with an attorney, make sure you determine what experience the particular attorney has in these fields.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

There has been some litigation over defective pain pumps and you may have one of the designs which has given rise to claims. Whether the device is defective or not, you should be receiving adequate oversight from your treating physician. Both the care given and the device information should be reviewed by an experienced Colorado medical malpractice lawyer.

However, we caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.

Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.