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?

"Pietro E Reyes, III" <pereyes@verizon.net> wrote in
misc.legal.moderated: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. Thecolonoscopist did a polypectomy and took out about 5 polyps.
[and there were complications]I have sent all the documentation I obtained from the hospital to twodifferent lawyers and when they got back to me they said I don't have amedical malpractice case. The basic reasons given to me were: perforation ofthe colon is one of the risks of polypectomy during a colonoscopy
[snip]I'm now wondering whether I have any recourse to have myself compensated forthe pain and suffering I underwent.

Where would this "compensation" come from? Our system doesn't hand
out money just because you had pain; it hands out money if someone
caused you pain through their negligent or wrongful action. You've
already consulted two lawyers who have told you that wasn't the case
here. If it wasn't malpractice, and if the procedures were performed
with your consent, this sounds like just an instance of the bad
things that sometimes happen in life without being anyone's fault.

--
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com

Pietro E Reyes, III wrote:
[suffered a perforated colon as a result of a procedure] Any suggestions on what I can do to get some compensation for the nightmare I suffered through?

You will need to build a case of malpractice. So far you have not done so.
Every medical procedure carries a degree of risk. The one you went through
carries the risk of perforation. If the doctor doing the procedure used
appropriate care and skill yet still you suffered the bad outcome, that's
not malpractice, but just a bad outcome. For example, two patients will have
identical cancers, receive identical care. One will die and one will live.
The dead one's family can't sue because he died. He just suffered the bad
outcome. He got the same care and the doctors used the same skill as the
patient who lived. However the outcomes were so different that one patient
is dead and one alive. In your case, perhaps 95% of the patients who got
that procedure turned out fine, 4% had some sort of problem and 1% had a
perforation, but as long as the doctors use the same skill and method, none
were a malpractice. So no suit is appropriate despite drastically different
outcomes.

OK, I have nothing to gain here so if you don't believe me that you can
suffer so grievously and still not be compensated for it, consult with a
medical malpractice attorney who stands to gain big bucks in commissions if
you can sue this doctor or someone. They almost always consult for free.
Unless there is indication of ineptitude on her part or something wrong
during the procedure you'll see I"m right here. I'm not cheering your
misery, but that's the fact here.

-paul
ianal

"Pietro E Reyes, III" <pereyes@verizon.net> wrote in message
news:nlf0f0pgip9h99b0h55jrdjba3fqsumik1@4ax.com...
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.

bad things happen; the law does not provide compensation for all of them ...
if the two lawyers who reviewed your case are competent there probably is no
place to go with it ... the only advice I can give you is to get a third
review and try to make sure it is not with a lawyer who only does
"high-dollar cases" ... occasionally a meritorious case is declined because
there isn't enough money in it for the reviewing lawyer; otoh, these two
seemed to be pretty specific in their evaluation

nobody here is in a position to give a proper evaluation of your case

the post-operative periods as well as having my rectum go off-line for
three months

LOL ... sorry, but THAT is funny ... call your RSP ....

Pietro E Reyes, III <pereyes@verizon.net> wrote:
[OP had a colonoscopy, 5 polyps were removed. Unfortunately this
resulted in a perforated colon. OP has had two major surgeries
and needed an colostomy bag for 3 months. OP consulted two
different lawyers, who said there is no malpractice.]I'm now wondering whether I have any recourse to have myself compensated forthe pain and suffering I underwent. After all, I was in good health and Ijust went for what was basically a routine diagnostic procedure. Eventually,I ended up having undergone two major surgeries (1st time - repair of theperforated colon, and 2nd time - reversal of colostomy and reanastomosis ofmy colon), I had to take a vacation leave for two months or so - a monthafter each surgery to recuperate, and pain and suffering - especially duringthe post-operative periods as well as having my rectum go off-line for threemonths and adjusting to having fecal matter come out through a hole besidemy belly button into a bag that would from time to time leak and cause meembarassment.Any suggestions on what I can do to get some compensation for the nightmareI suffered through?

This is for discussion purposes only, and is not legal advice. I'm
not a lawyer. If you want legal advice, hire a lawyer.

Just offhand I don't see any way for you to get compensation for this.
Nor do I see why you _should_ be compensated. This is real life.
**** happens.

You had a colonoscopy. This is done because some people have
undiagnosed colon cancers and/or pre-cancerous growths, and the
colonoscopy helps prevent these from turning into untreatable cancers.
One of the things that is routinely done in a colonoscopy is to snip
out any polyps found. That's because polyps sometimes turn into
cancers, and it's better to remove them in a simple procedure than to
leave them there and possibly need major surgery later, or even have
the patient end up with incurable cancer that could have been
prevented.

That's what this was about: prevention. If some percentage of
polypectomies result in a perforated colon, that's a risk you were
taking when you consented to the colonoscopy. It's about balancing
risks. "If I have myself checked for polyps and they are removed,
there is a (say) .1% chance that I will end up with a perforated colon
and need major surgery. If I _don't_ have this test, then there is a
1% chance that I will need the major surgery 5 years from now AND a
...5% chance I ill end up with extremely painful incurable cancer.
Sounds like a risk worth taking."

OTOH, if those numbers were reversed, 1% chance of needing major
surgery now vs. .1% chance of needing it in the future, then it would
not be a good decision to have the colonoscopy, and your doctor would
be unethical to recommend it.

Now, if the doctor had failed to use "ordinary care" or failed to meet
the "standard of care" for doctors performing that procedure, then
THAT would be malpractice and you would be entitled to compensation.
But the law does not provide for you to be compensated every time
something goes wrong. Only when somebody does something they
shouldn't have, or fails to do something they should have. If they
did what they were supposed to and it went bad anyway, that's just bad
luck. Same as if you were hit by lightning or a meteor, or a flood
washed away your house.

You say that two different lawyers have told you there was no
malpractice. I don't see where you're going to get any better advice
from this newsgroup than you did from two lawyers who reviewed the
facts of the case in detail and are (presumably) familiar with your
local legal and medical practices!
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Feel free to use the above variant pledge in your own postings.

"Pietro E Reyes, III" <pereyes@verizon.net> wrote in message
news:<nlf0f0pgip9h99b0h55jrdjba3fqsumik1@4ax.com>... 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 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.... Any suggestions on what I can do to get some compensation for the nightmare I suffered through?

I'm not a lawyer, this is just my opinion. Unfortunately, I have to
agree with the lawyers who told you you have either no case or a
longshot at best.

Perforation is, as you were apparently told and agreed to, a risk of
polypectomy that even the best surgeon cannot reduce to zero. I have
read that the rate is something like 0.3%. But suffering a
complication and suffering a complication because somebody fouled up
are different. If there was no fault on the part of the surgeon or
anybody else associated with your care, you have no right to expect
them to compensate you. There has to be some fault that you can point
to -- and prove -- in court.

In malpractice, whether there is fault is usually determined by
looking to the expected standard of care and to whether the doctor
worked to that standard or fell short in some relevant way. If more
than one med mal lawyer, looking at a case where there has been so
much well-documented pain and suffering as yours, can't see any way
that the doctor failed to meet the standard of care, they are telling
you indirectly that you don't have a case they can win. Even if you
get one to take your case on contingency, if he can't win for you,
you're out a lot of additional time and vexation.

So sorry to hear you were put through all that. If you find a lawyer
who will take your case, more power to you. Just from my point of
view, I'd see more profit in getting on with my life rather than tying
myself down to a longshot malpractice case.

--
Not a lawyer,

Chris Green