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  1. #1
    Join Date
    Nov 2007
    Posts
    4

    Default Punctured Colon During Colonoscopy

    My daughter in law has chrons disease. She had a colonoscipy and the Doctor punctured her intestine.
    She woke up 3 times in pain while he was performing this colonoscipy crying in pain, everytime she woke up they would sedate her more. The doctor admitted he made a bad judgement call he should have stopped the procedure. It was too narrow for the test, he had to change to a pediactric camera and he ended up forcing the camera and it punctured her intestine. She had emergency surgery that evening. They took out 8" of intestine (4" each side of tear) because there was too much damage done from the forcing the camera through the narrow opening. She has to ware a bag for 3 to 6 months to allow healing and then go back into surgery and reattach. Will any legal forms stop the kids from pursuing a law suit. Would it be right to file a suit against this doctor?

  2. #2

    Default Re: Punture

    would it be right to file an action???? that is something you have to decide. if you want to take a legal action on your childs behalf you need an attorney to discuss it.

    not sure what you mean by this statement: "Will any legal forms stop the kids from pursuing a law suit.

    you can always file a complaint with the hospital and the licensing unit of your state.

  3. #3
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Punctured Colon During Colonoscopy

    There is a form that she had signed, and sorry I don't exactly what form myself. I have signed these forms myself during treatment from a doctor. Basically the form that states that you are fully aware of what complications may come about during this procedure.
    Before you seek a lawyer what would one look at, is this considered neglegent or would it be considered oh well this is the chance you took? How long does this type of law suit take before a judgement.
    I personally fill bad for the doctor. He admits that he should have not proceeded with the colonosopy and he had wished he would have made a better decision about procedding. The whole team of doctors have been in to see numerous times and repeating how sorry they were. It's not like they are trying to cover up, which you can't really cover up something like that, because it was instant severe pain and her belly looking like she was 9 months pregnant. He came out of the room and told my son "I think I tore something, or maybe it is her chrons". Of course my son went crazy over that statement. It took from 11:00 am till 2:30 am to do surgery, which during that time because of the severe pain, her vitals went crazy. Too me it was bad judgement on his part. Chrons patient, intestine twisted like a phone cord (he said), very little opening because of spasams, changed camera heads during procedure, and she woke up 3 times during procedure screaming in pain. At what point would one ask themselves I need to see what is going on before I proceed. Isn't there a camera in the room for the doctor to look at what he is doing?
    Is there a good possibility that any law suit would be settled out of court? And when is the best time to file this type of law suit, now or wait a little? Thanks for your assistance... As you can tell by my reply I am all over the place with this, because I am totally ignorant to this type of stuff. Thoughts are just popping out of my head. Thanks for your patience...

  4. #4
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Punctured Colon During Colonoscopy

    I do want to say, I don't by any means think this doctor is incabable of his job, I think it is simple like he said he made a poor judement call at the time... He told us he has done this for 30 years and this is only his 2nd mis hap..

  5. #5

    Default Re: Punctured Colon During Colonoscopy

    good questions. bottom line is if want to file a legal action you need to go see an attorney. they can give you a sense of what you can or may want to do.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Punctured Colon During Colonoscopy

    Malpractice cases are fact-specific, and laws are different in each state. What sounds like a very good malpractice case can turn out to be a weak case after a review of the medical records. Sometimes it isn't possible to bring a strong malpractice case, because the cost of litigation can be so high.

    It's important both to have your case reviewed by a lawyer in your own state and to do so early, as the statute of limitations can be shorter than for other types of injury cases. The question of when to file the suit can be made in consultation with your lawyer. Most cases (of all types) settle out of court.

  7. #7
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Punctured Colon During Colonoscopy

    thank you for your advise. I read some of the threads on this forum and I am impressed with the whole forum. I thank you for your quick response and your knowledge. My children, I am sure will contact a lawyer, that will be a job in itself. Thanks again.

  8. #8
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Punctured Colon During Colonoscopy

    A few questions.. since she has chrons, is was not her first colonoscopy correct?
    What kind of Dr performed this surgery? Was it a surgeon or a GI Dr? If it was a GI Dr, was it her regular Dr?
    Was supporting documentation to support the need for a colonoscopy? CT scan, etc? I ask because there are times during active inflammation that this procedure is NOT recommended.
    As far as waking up during the procedure, this is not uncommon during moderate sedation. Has this happened before in a previous colonoscopy?
    Unfortunetly, this is a horrible chronic disease and does not go away and she is still looking at future colonoscopies. I recommend that she never have another on without FULL anesthesia in an OR room of a hospital (no outpatient facilities, etc). If her physican (future or present) can't do this...fire them and find another. Colonoscopies are painfull for these patients and movement during procedure increases their risk of perforation.
    I wish her the best and a speedy recovery.

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