During colonoscopy the doctor scraped his lining, which caused his colon to constrict & not allowing any gas to escape. Doctor never called after colonoscopy - we took him to ER two days after colonoscopy. He had to have surgery - they removed 2 parts of his colon (the back end had a small rupture due to build up of gas) . Will be wearing a bag for the next 3 months for his feces, and then have to go back in to get everything reattached. Do we have a case for medical malpractice? We're pretty upset - can't think too straight, but not happy with whole situation. He'll be in hospital for the holidays, had to cancel upcoming trips, and he'll need some major recuperation time before he feels okay.
2007-12-21 02:01:17 · 16 answers · asked by cateyes 1 in Science & Mathematics ➔ Medicine
what would be your purpose in sueing? it won't make the situation better... it won't heal your father... i guess i just see America as a sue-happy country now. but people make mistakes. everyday. we're all human. yes, the doctor was obviously in the wrong, but it's done, and it was not intentional. if you sue, his medical malpractice insurance will increase, thereby increasing cost to patients in the future. WE are the ones that ultimately pay for this. i am very sorry this happened, but what will sueing really accomplish?
2007-12-21 02:06:47 · answer #1 · answered by Anonymous · 1⤊ 2⤋
When you request the medical records, look carefully at the form that your father signed called the "Informed Consent". I'll bet that colon perforation is specifically listed there as a known complication.
Just because the outcome was bad, that doesn't mean that the doctor did anything wrong. Bad things happen. It's not usual for a doctor to call after a colonoscopy, and I'll bet your father was given a piece of paper with instructions to call the doctor if certain problems arose.
You're going to have a heck of a time proving negligence in this case, but i"m sure that won't stop you from trying.
I hope your father recovers quickly.
2007-12-21 17:49:55 · answer #2 · answered by Pangolin 7 · 2⤊ 0⤋
It's most likely that what happened was the other way around: the colonoscopy caused a perforation, and that led to an ileus and the buildup of gas, perhaps with an obstruction. You should be upset about the doctor not calling you back, and it's possible you could manage a settlement, but it'll be a difficult suit, because perforation is a known, if quite uncommon, risk of colonoscopy.
2007-12-21 10:51:34 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Read the consent form that he signed prior to the procedure. This is a known risk. It is very rare, but it is a risk, and I assure you that it's included in that informed consent that he signed prior to the procedure. With any procedure there are risks from simple sutures to a colonoscopy. The only thing that suing does is make health-care more unreasonably expensive than it already is. It won't take the colostomy bag away, and it won't make you feel better. Be thankful that it's reversible, some of them are not. Be thankful that his particular complication wasn't a reaction to the sedatives that left him permanently brain damaged or dead. Trust me, things could be worse. I know that this is a very trying time for your father and the rest of your family. I am sorry that this happened to you, I truly am. However, suing is not the answer.
2007-12-22 03:45:04 · answer #4 · answered by amanda 1 · 0⤊ 0⤋
Never do anything in the spur of the moment. Wait until he recovers and talk to the hospital and see what they say. Some hospitals will voluntarily reimburse you. If they do, you may receive more than you would after paying a lawyer for his work. If you can't come up with an agreeable decision, find a good attorney who does medical cases.
2007-12-21 10:30:39 · answer #5 · answered by Jackolantern 7 · 1⤊ 0⤋
This just happened to my husband in June, except the Dr. perforated a hole in his colon. We ended up in the ER two hours after him being discharged from his colonoscopy with sever stomach pains. He was septic by the time he went into surgery, and ended up having an emergency surgery for a colostomy bag. He was in the hospital for 8 days, and lost 25 lbs. Then he was home for two months.
He just had the colostomy take-down surgery December 3rd, so you may expect your father to have it a bit longer than 3 months. (Just don't tell him that right now, he's probably pretty angry about the whole bag thing.) He'll be returning to work late January.
We are going to sue. This has been nothing but 6 months of pure hell for my husband, and our family. He has missed work, missed vacations, missed doing things that we had planned. I have missed work, and the brunt of everything has fallen on my shoulders. I have to be the one to keep his spirits up, to keep our family going and functioning. It has been miserable... but he is alive.
The Dr. has done this to several people... and I just want her to STOP practicing one people. I don't want anyone else to have to go through all of the misery that we have. She admitted incompetence to us after the emergency colostomy.
Good luck. It will get better over time, as he will get accustomed to the bag. It is reversible. Keep your spirits up for him. It's tough, but just keep telling him that everything will be alright.
2007-12-21 10:21:27 · answer #6 · answered by Miller Girl 2 · 1⤊ 0⤋
you are in the middle of a terrible situation, but that does not mean the doctor caused this, or did anything wrong....why are people so sue-happy when the medical profession can not fix or save everyone or prevent something bad from happening....there is a risk involved with everything, every tests, every procedure....you all are angry, worried, shocked, that your father is in this situation....but do not be so quick to place blame or fault...only a lawyer that can look at the specific details could answer if they would take your case...
2007-12-23 21:58:32 · answer #7 · answered by mago 5 · 0⤊ 0⤋
Husband is a lawyer, it's hard to win a case or even get a lawyer to help you with medical malpractice. Find a firm that deals only with Medical malpractice and expect to pay for a consult. It defiantly is worth it if it works out.
2007-12-21 10:05:04 · answer #8 · answered by Scout 3 · 3⤊ 0⤋
Yes, I would definitely sue - get yourself a GOOD attorney because trying to break through the "thin white line", where it is extremely difficult to gets doctors to testify against other doctors, will very hard! (Happened to someone I know - not exact situation as your dad, but similar - could not get another doc to testify!) Good luck!
2007-12-21 10:05:09 · answer #9 · answered by kwflamingo 6 · 1⤊ 0⤋
You might have a case. You need to speak to a lawyer who is good at medical law suites. Try to find one that has frree consultations.
2007-12-21 10:09:29 · answer #10 · answered by just me 6 · 0⤊ 0⤋