The call comes in. "I had a colonoscopy, and the doctor perforated my colon. I needed emergency surgery to fix it. Now I have a colostomy bag, and I'll need another surgery in a few months to reverse it. Do I have a case?"
What do you think?
The short answer is no. The longer answer is still no and here's why.
Doctors who perform colonoscopies are aware that perforating the colon (making a hole by mistake) is a known recognized risk of the procedure. Obviously no doctor wants to make a hole in the colon, but once in a while it does happen. The fact that it happens is, in my opinion, and the opinion of every physician I've ever talked to about it, is not a departure from good care.
"But I was in the hospital for weeks, and I couldn't eat solid food, and I needed to change my bowel movements in this disgusting bag..." Yes, that's all true...but those injuries did not result from a departure from good medical care. The medical community recognizes that there are risks with every procedure. This happens to be one of those risks associated with a colonscopy.
"How come I heard that my neighbor had a case, and his colon was perforated during a colonoscopy, but you're telling me I don't have a case?" The reason your neighbor has a case is because during his procedure the doctor created a hole in the colon and failed to recognize it. The following day the patient called the doctor complaining about belly pain and back pain, and was 'poo-pooed' away by the doctor claiming it's normal to have discomfort after the colonoscopy. Two days later, the patient spiked a fever and got very sick. Only after calling the doctor's office repeatedly to advise him of these worsening problems did he suggest going to the emergency room. In the emergency room your neighbor had an MRI which showed some type of fluid in his belly- where it shouldn't have been. Your neighbor was rushed into emergency surgery where surgeons found a belly full of fecal material (bowel movements) where it clearly should not have been. After cleaning him out, they found the hole that was made during the colonoscopy. Your neighbor then had to get a colostomy bag and remain in the hospital for 10 days on heavy-duty antibiotics.
Here's the key to determining whether you have a potential case:
The fact that there was a perforation during your colonoscopy is, in all liklihood, not malpractice. It's the FAILURE TO RECOGNIZE the hole that is a departure from good care. When the patient called to complain, the first thing the doctor should have done is get the patient back into the office for an evaluation. Additional tests may be ordered which may reveal the ongoing problem. If this fails to detect the problem and the patient continues to complain, the next step is usually to send the patient into the emergency room for a full work-up and evaluation.
Only with proper and timely monitoring of the patient and prompt attention to the patient's complaints can a potential tragedy be averted. So, do you have a case if there was a perforation to your colon during colonoscopy? Unlikely. If the doctor failed to detect the perforation, and you continued to complain, and your condition worsened, then you need to speak to an experienced medical malpractice attorney who practices in the State of New York immediately.
Friday, November 16, 2007
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6 comments:
I understand that all doctors are human but this viewpoint seems tragic in my opinion.
I work for a large manufacturing company in computerwork. If I ever make a mistake that causes an issue with an order or an invoice, I have a lot of people to answer to. I can do all the cleanup and fixing that's required but the fact is that I did not do my job as I was supposed to and am paid for in that case. And I would still have to go through many groups accounting for my error.
I don't understand why these rules don't apply in the medical field- where the doctors are arrogant and confident enough to become doctors and are making the big money to not make these mistakes.
My mother went in to have some polyps removed from her colon. They performed this surgery laparoscopically through a new proceedure- 1 hole through her belly button. This was on Monday. She was sent home on Wednesday with a paper that said to call back in a couple weeks to schedule a follow up. A few weeks - for a brand new proceedure? Anyways, this paper also listed common side affects. And when to call- fever, vomiting, etc.
She had been home a week and just wasn't feeling great, not eating no energy. But the paper said she would have food aversions for up to 6 weeks. No fever, no vomiting, no nothing. Then Wednesday came and her belly was bloated, she was yellow and feeling awful. We called her doctor and were taking her in but she had a heart attack while in the shower preparing to leave.
She never made it to the hospital. She died from a bowel perforation from the surgery.
The best person I ever met was taken away from me, from her 17 grandchildren, by a mistake that could have and should have been avoided. Had they looked, followed up, done better.
A blood clot is a risk. A reaction to the anesthesia is a risk. Cutting a hole that previously wasn't there and shouldn't be there is not a risk. It's a mistake. I have lost all faith in the entire medical field not only in the lack of care in minor proceedures but for the covering up and lack of taking responsibility that now exists.
I agree with your comment that a colon perforation is a mistake .I had on year and half ago, stayed in the hospital two and half weeks, intensive care for four days,much much pain. Developed fluid on my lung which had to be removed by a needle in my back. The surgery cut my stomach muscles, have no control over a poochy stomach and suffer from abnormal bowels and they tell me I have no case. Can not get a lawyer to take the case. Very unfair. Never another colonscopy!!!
I agree 100 percent with your comment.I think doctors should be held accountable. I had a colonscopy year and half ago, colon was perforated, emergency surgery, four days in intensive care, two weeks on IV antibiotics,no food other than IVs. Developed fluid in my lungs which had to be removed through my back with a needle. Has totally distrupted my bowels. Completed destroyed my stomach muscles. WE had to pay a large amount out of pocket. Cannot get a lawyer to take the case. Is this fair? This has completly changed my lifestyle, yet the Dr.is not accountable.
Ellie J
Is it fair? No, it's not fair. However, you must keep in mind that the 'wrongdoing' usually occurs when the physician fails to recognize a perforation.
Injuring an adjacent organ can occur and is known to occur. Doctors like to say those are known, recognized risks of the procedure. That may be true.
It is the FAILURE to recognize that injury that leads to further problems and can lead to death.
i know people that have died because of this test. I feel this test is being done too routinely, If your not having robelms do not do it in my opinion. This is a money making racket.
Interesting discussion here involving the legal angle. About six years ago my colon also was perforated during a routine colonoscopy. What a mess, in every sense of the word. Many of the same fallout, expense, inconvenience, etc. as anyone else. I never considered a lawsuit for basically the same reasoning I see written in this article now. There is one thing I would add that might help those who are quick to call a lawyer and blame the doctor for his or her negligence, and it has to do with the actual, medical details of a perforation. Hard as it is to believe or understand, this really is an indirect happenstance more than a purposeful act. The doctor does not "cut through" the wall of the intestine; often they are not even doing anything using a sharp blade or implement of any kind. When it happens, the doctor almost always has no idea whatsoever that it did, and after learning of it days later would be as surprised as anyone and would be at a loss even then to determine at what point during the procedure it occurred. In this respect it is more like the incidental blood clot example given by a previous poster. It's not the result of carelessness or negligence. If it was there certainly would be a case to be made. That's why it's only the denial or lack of recognition after the fact that could be considered reckless in the way that would qualify for a possible lawsuit. Like the article says, the perforation itself is not bad medicine. Hopefully this technical angle helps explain why that is. That said, it is a terrible shame when it happens and nobody feels good about it, and being told you have no legal recourse should not diminish the very real suffering that occurs when such a thing happens. I know, because I lived it myself.
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