Colonoscopy Malpractice Lawsuit Results in $2M Jury Award
Published: October 27th, 2011
A Pennsylvania man has been awarded $2 million in a medical malpractice lawsuit filed against doctors who perforated his colon during a colonoscopy.
The colonoscopy perforation lawsuit was filed by Richard McCade, 62, against doctors Michael Resnick and Lawrence M. Wald. According to the complaint, Dr. Resnick ruptured McCade’s colon during a colonoscopy in January 2008, and then Dr. Wald punctured it again while trying to fix the resulting complications.
McCade has had two feet of his colon removed due to the surgical mistakes by the two doctors and continues to suffer medical problems, the lawsuit claimed.
A Philadelphia jury determined that Dr. Resnick was negligent and 60 percent responsible for McCade’s injuries. It also found that Dr. Wald was negligent and was 40 percent responsible. The jury did not place any of the blame on Wills Eye Hospital, which was also a defendant in the malpractice claim.
The lawsuit alleged that Dr. Resnick was performing a colonoscopy on McCade when he dramatically overinflated his colon, causing it to tear. The next day McCade complained of severe pain and Dr. Resnick instructed him to go to the emergency room, which performed a CT scan that detected no tear. A follow-up scan revealed the puncture days later and McCade required follow-up surgery.
Dr. Resnick argued during the trial that a colonoscopy carries a known risk of potential puncture, which is mentioned in the informed consent notice signed by patients. However, McCade’s attorneys argued that Dr. Resnick failed to meet standards of medical care when he overinflated the colon.
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.
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Comment by perry on 28 October 2011:
The burden of proof in any med mal case is on the plaintiff. How did the PLAINTIFF PROVE “overinflation of air”duting a colonoscopy and also “overinflation of air” as a CAUSE for colon perforation.
Comment by Roberto on 3 November 2011:
I wish to know how much the lawyer gained from this case? That what’s the health costs in this country are skyrocketing. Just defensive medicine we must practice
Comment by Janet on 17 November 2011:
Most attorneys want 50 to 60% of any amount awarded to cover their fee which will include depositions from similar specialty doctors, all of your records and cost obtaining them, and their administrative costs. One year ago my colon was perforated in several areas of my rectum during colonoscopy requiring resection. I have a prolapse within my colon and must stay on Miralax just to keep the mail running. My rectum is 3 inches long instead of the usual 6. My lower right and left quadrant hurt all the time. There is one area on my lower right abdomen that is almost numb feeling at the skin area. I am so miserable am ready to see a surgeon just to remove my gut. My lower abdomen is distended and cannot believe I cannot find an attorney interested in my case. I am so GLAD that someone “practicing” medicine who was at fault finally had to payup for pain and suffering.
Comment by bob on 31 March 2012:
Hey Roberto, 1st they perforated his colon, then they went in to repair and perforated it again. But the part you didn’t hear about is that the doctors were caught changing documents to hide their mistakes.