Colonoscopy Perforation Malpractice Lawsuit Results in $1M Verdict
Published: August 18th, 2009 • One Comment
A New Mexico jury awarded $1 million last week in a medical malpractice lawsuit stemming from a colonoscopy perforation. The case involved allegations that a doctor failed to properly locate and treat a perforated colon following the examination.
The colonoscopy malpractice lawsuit was filed by Michael Salopek, who went to Dr. David Friedman in February 2005 to treat a punctured colon that occurred during a colonoscopy. Dr. Friedman failed to locate the hole in Salopek’s colon and assumed that the perforation had healed itself.
As a result of the lack of treatment, Salopek’s fecal matter leaked into his body for 11 days and caused a serious infection. Salopek required 13 operations to repair the damage and remove part of his colon, according to a report in the Las Cruces Sun-News.
Colonoscopy perforation is a common risk associated with the diagnostic procedures, which are designed to look for precancerous abnormalities in the colon. A study published in the February 5, 2003 issue of the Journal of the National Cancer Institute found that 1.96 out of every 1,000 patients who undergo a colonoscopy suffer a perforated colon.
That study looked at nearly 40,000 procedures that occurred between 1991 and 1998, and the authors noted that the risk of colonoscopy perforations was decreasing as technology and training of medical professionals improved.
The occurrence of a colonoscopy perforation by itself is usually not enough to establish a medical malpractice claim, as it is a generally accepted risk of the procedure. However, a doctor’s failure to promptly recognize and treat a perforated colon from a colonoscopy can give rise to liability for damages that occur as a result of any delay in treatment.
Comment by linda on 22 September 2009:
went for colonoscopy @ drs office this week, left in ambulance with major discomfort, was to have an navel look around and awoke with 10 inches or more staples from doc on staff, i was told it had to be done now!!, 3 perforations (chrohns background) but never spoke with doc who was to show up in emerg room but after waiting for so long they took me upstairs, nurse put me to sleep,i am in pain mang for arthiritis (3-4, 10 mg loratab everyday) so after surgery seems i had a nurse from sci fi show who showed no mercy for old or new pain and gave me a sed drip ,hurt so bad i sign myself out within 24 hrs of maj surgery to go to hosp nxt door. we call the origanal doc who did first colon osc @ office and he called hosp who called me right back put me on another floor with private room, new nurse and sent flowers they did help me there and were kind to me giving me the blood clot stuff on 3rd and 4th day . however the original doc then shows up 2nd day and says shaking his head and shrugging there were no tears and i ask then why do i have this huge gash on my tummy filled with staples ? hes says i will be right back.. so i check pdq.. so i am out of hosp now and schedule to see him this mon the 1 st doc..wondering why they dont tell you they are going to cut you open and leave you in so much pain your crazy enough to leave a hosp after that just happens…@ a lost ..they second doc who did what was to be the laposcopy surgery told my husband he would of had to make several dot cuts to find the air in my colon outlets sso the huge gash is better .. my husband ask him twice does she know this (your cutting her open she wont even get a tattoo ) and he says yes . no way did i know !! im upset and just moved here to south fl sould have like to have a second opin, i dont know where or what to do..back to the mean nurse i asked her to phone my docs in middle of night i could not take the pain and get me a new nurse and she told me no she had 7 pats and i had all ready taken to much of her time, i was afraid of her and she acted mad at me so if she would have given me medicine i would have been afraid to take it from her and not being able to defend myself at that point i felt i needed to get the heck out of there, i wonder if the surgery he gave me pd more than the origanal explore surgery