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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash

COMPENSATION AFTER COLONOSCOPY?

COLONOSCOPY image

Colon cancer is reported to be the second most diagnosed cancer, and in fact is the second leading cause of cancer death in the U.S. Colonoscopy is the test most widely used for colon cancer detection, and that screening procedure is recommended for all adults over age 50. 

While nobody loves having a colonoscopy, the test is usually well tolerated and essentially painless.  However, injuries can occur during the procedure, including:

  • hemorrhaging following the removal of polyps
  • bowel perforation
  • sepsis (infection that spreads through the body)

Not always is an injury during a colonoscopy the fault of the physician, but when a doctor is not skilled, or does not apply the appropriate level of care, that is medical malpractice, and it can have some rather devastating results.

Doctors who perform colonoscopies are aware that perforating the colon (making a hole by mistake) is a known risk of the procedure, even when there has been good medical care. The reason a patient might have a valid personal injury case is that the doctor created a hole in the colon and failed to recognize it (and take necessary steps to repair the damage). 

Where the malpractice might be proven, in perforated colon cases, is when a doctor refuses to admit that the colon was perforated, fails to document that, and fails to provide treatment to resolve the problem. Remember, malpractice can occur as:

  • the result of a wrongful action taken
  • the result of an appropriate action not taken
  • a medical condition being misdiagnosed or not diagnosed at all
  • improper – or no- treatment of a condition

An actual medical malpractice case was described in the New York Injury Cases blog last September:

  • In July of 2008, R.G. then 59 years old, underwent his first colonoscopy. A suspicious polyp was discovered.
  • R.G. was referred to a colorectal surgeon who performed a second colonoscopy the next day.
  • The polyp was too large to remove at that time, and a CT scan was scheduled for five days later.
  • The scan revealed a perforation in R.G.’s colon.
  • R.G. sued the surgeon, alleging that the doctor had failed to advise him to look out for signs and symptoms of a colon perforation following a colonoscopy, and then had failed to properly treat the infected perforation after it was detected on the scan.
  • The jury awarded the plaintiff pain and suffering damages in the sum of one million dollars.

“There are a number of factors that affect the difficulty of a colonoscopy,” an article in the National Institutes of Health states.” Obviously, foremost is the overall technical skill of the endoscopist, which includes his or her innate manual dexterity, degree of formal training, and personal experience.”  Importantly, the authors add, “Canadian endoscopists with higher volume performed fewer incomplete colonoscopies”.

At Ramey & Hailey, our experienced attorneys will know how to research each element of the case in order to protect your rights and help you attain the compensation you deserve.

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