The family of a 24-year-old snowboarder has provided notice that they intend to file a Colorado medical malpractice wrongful death lawsuit against Denver Health Medical Center for the death of their family member from internal bleeding shortly after he was discharged from the hospital following a 12-day inpatient stay during which he had a kidney surgically removed due to a snowboarding injury.
The decedent injured his left kidney on November 20, 2020 from falling on a rock. He had internal bleeding for days before the decision was made that his kidney had to be surgically removed, which surgery was performed on November 28, 2020. The family’s Denver medical malpractice lawyer alleges that despite the continuing need for blood transfusions following the kidney removal surgery, no further imaging was undertaken to determine if the decedent continued to suffer internal bleeding. At the time the decedent’s mother picked him up from the hospital on December 2, 2020, she alleges that he was actively bleeding through his bandages. Seven hours later, while at a friend’s home, the decedent became dizzy and lost his eyesight. By the time he was transported to a local emergency room, he was already dead. An autopsy determined that he died from internal bleeding.
The family’s attorney contends that Denver Health should have performed exploratory surgery to determine the source of the internal bleeding in light of his continuing need for blood transfusions after the surgery: “Objective testing and blood laboratory results showed that he was bleeding internally. Denver Health needed to take him to the operating room, find the bleeding and stop it and they failed to do so.” The decedent’s father alleges that he was told that his son would not be discharged from the hospital before December 5 and therefore was surprised when he received a telephone call from Denver Health on December 2 stating that his son was being discharged that day. The decedent’s mother stated, “I’m angry obviously. Crushed that (Denver Health) just couldn’t keep him a few more days. If he had coded in that hospital bed, there would’ve been hospital staff doing CPR on him instead of his mother because that will haunt me until the day I die.”
The family’s attorney notified Denver Health that the family intends to seek $10 million in damages despite Colorado’s governmental immunity law that limits damages to $350,000 because Denver Health is considered a publicly owned entity. If the family can prove gross negligence, however, the family argues that the immunity cap would not apply.
If you or a loved one were injured as a result of hospital malpractice in Colorado or in another U.S. state, you should promptly consult with a Colorado medical malpractice lawyer, or a medical malpractice lawyer in your U.S. state, who may investigate your hospital negligence claim for you and represent you or your loved one in a hospital medical malpractice case, if appropriate.
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