PDA

View Full Version : ? Any hope of receiving anything in case of perforated colon ?


Pietro E Reyes, III
07-10-2004, 07:18 AM
In Nov 2002 (getting nearer to the 2-year limit), I had a colonoscopy and,
during the colonoscopy, there were polyps found in my colon. The
colonoscopist did a polypectomy and took out about 5 polyps. In doing so,
she perforated my colon which eventually resulted in a serious infection. I
was admitted into the emergency room. Subsequently, I had to undergo major
surgery - a resection of my colon and I had to have a colostomy bag for
three months. It took me about a month to recuperate.

After three months, I again underwent surgery for the reversal of the
colostomy and the joining again of my colon which took me another month or
so to recuperate.

I have sent all the documentation I obtained from the hospital to two
different lawyers and when they got back to me they said I don't have a
medical malpractice case. The basic reasons given to me were: perforation of
the colon is one of the risks of polypectomy during a colonoscopy and I
signed the statement saying that I was advised of it, the accepted standards
of care were met (ergo no negligence) and that there was no permanent
damage.

I'm now wondering whether I have any recourse to have myself compensated for
the pain and suffering I underwent. After all, I was in good health and I
just went for what was basically a routine diagnostic procedure. Eventually,
I ended up having undergone two major surgeries (1st time - repair of the
perforated colon, and 2nd time - reversal of colostomy and reanastomosis of
my colon), I had to take a vacation leave for two months or so - a month
after each surgery to recuperate, and pain and suffering - especially during
the post-operative periods as well as having my rectum go off-line for three
months and adjusting to having fecal matter come out through a hole beside
my belly button into a bag that would from time to time leak and cause me
embarassment.

Any suggestions on what I can do to get some compensation for the nightmare
I suffered through?

David Martel
07-10-2004, 02:27 PM
Pietro,

The same reasoning that is used to determine that you are not a victim of
malpractice applies to the pain and suffering that you experienced. You were
aware that there were risks involved in your polypectomy. Among those risks
were the pain and suffering that accompanied your perforated bowel. You were
aware and agreed to these risks. You will not be compensated for them.
Unless you have some evidence of negligence that you failed to raise with
the lawyers that you have consulted you are wasting your time with this.

Sorry,
Dave M.

* Find more information on Medical Malpractice Laws.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements