ES was born with a congenital heart defect that her pediatrician failed to diagnose over a period of ten years, despite the fact that ES underwent several diagnostic tests during that time which showed the presence of pulmonary hypertension that was caused by the congenital defect in her heart. Eventually, due to the pediatrician’s delay in diagnosis, ES developed a rare but permanent heart condition that will significantly shorten her life expectancy and that may require her to undergo a total heart / lung transplant in the future.
ES originally hired two lawyers, HM and MS, to pursue claims for medical negligence on her behalf. Over the course of three years, her lawyers missed deadlines, were unaware of or ignored the specific law in Colorado governing medical malpractice cases, misrepresented the status of the case to ES and to defense counsel, and otherwise negligently mishandled the prosecution of her claims. Eventually, due to the lawyers’ negligence, ES had no choice but to dismiss her claims only days prior to trial.
ES hired Chalat, Hatten & Koupal, PC, to prosecute claims for legal malpractice against her former lawyers. Proving a legal malpractice case essentially requires proof of two cases – Chalat Hatten & Koupal, PC were required not only to prove that the medical malpractice case had merit and that ES would have been successful in that case, but also to prove that her lawyers committed legal malpractice and that but for the negligence of the lawyers, ES would have prevailed in the underlying medical malpractice case. The legal malpractice case therefore required numerous experts including expert in pediatric primary care, pediatric cardiology, economics, and law.
For over a year, Chalat Hatten & Koupal, PC litigated the case against ES’s former lawyers. Eventually, Chalat Hatten & Koupal, PC was able to secure a settlement for ES from both of her lawyers.
Past results are no guarantee of future results.