Colonoscopy Malpractice Lawsuit Results in $2M Jury Award

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.

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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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17 Comments

  • JamieMarch 31, 2023 at 1:56 pm

    I, too, went for colonoscopy after cologuard positive test with current stague two cancer I figured I better. Three months later, hospital stays over a month, and now suffering effects of severe sepsis, including neuropathy that's left me in constant pain and often unable to walk thru also took my gall bladder on"a hunch" it was fine turned out. My life is literally a living hell days and night. I[Show More]I, too, went for colonoscopy after cologuard positive test with current stague two cancer I figured I better. Three months later, hospital stays over a month, and now suffering effects of severe sepsis, including neuropathy that's left me in constant pain and often unable to walk thru also took my gall bladder on"a hunch" it was fine turned out. My life is literally a living hell days and night. I can't sit longer than half hour, can't stand more than ten minutes. I was a personal trainer and now I need a walker. Don't recommend colonoscopy, id rather be doieng from cancer.

  • PFebruary 20, 2023 at 11:52 pm

    what sad comments but perhaps as one ages the medical system really tries to take advantage of it and steer them into this procedure. one of my doctors said that this procedure can cause permanent hemorrhoids. after reading about the 'prep' and all the things that can go wrong including even death if you even get to the procedure itself, I thought, no way. and I declined the procedure. another thi[Show More]what sad comments but perhaps as one ages the medical system really tries to take advantage of it and steer them into this procedure. one of my doctors said that this procedure can cause permanent hemorrhoids. after reading about the 'prep' and all the things that can go wrong including even death if you even get to the procedure itself, I thought, no way. and I declined the procedure. another thing you might want to do is read doctor reviews because the one doctor that I was supposed to get hooked up with no pun had terrible reviews and so did the outpatient hospital. I can't tell you to not do it, only that its your decision or one between you and doctor, but this whole thing to me just seems conspiratorial and honestly this procedure wasn't even being done over a decade ago. they just want to stick a hose up your rear end. and what if you react to the anesthetic? it's not the same as having to go to the dentist to replace a tooth. they wanted me to do this gig outpatient and I would be all alone in a hotel room with nobody to look after me, they wanted me to take an Uber back and forth from the hospital, and I thought no freaking way! I read some stories about patients who went thru the whole "preparation" and got down on the table when the doctor was nope, not good enough, come back in 6 months. I don't think they went back. and those laxatives are not only harsh but toxic, you might even die from just the dehydration. the intestines and insides of each person can vary for instance, such a one person may be a lot harder to navigate and kinkier and shape differently and maybe not as accepting of these equipment. also be careful about how they sterilize their equipment if they do at all. that's another thing that's scary. and speaking of gig LOL you're not getting paid for it. the hospital gets paid but the patient sure doesn't. do research about the performing doctor and trust your gut no pun about the staff, for instance, are they compassionate and caring or just rude and cold? honestly I would never get a lift from a stranger or an Uber if I was the under the influence of any drug or sick in any way and who the heck wants to get diarrhea or vomiting in the backseat of anybody's car? think!

  • farhenMay 2, 2022 at 12:23 pm

    I have had a perforated colon on March 2021 and had the reversal surgery in may. Come January 2022 went back to the hospital my colon leaked again and have a cyst growing on my ovary. Had the cyst removed and now wearing another colostomy bag and have my reversal surgery in July. I wish someone would help me I have been out of work due to this and medical bills going to collections. Please help[Show More]I have had a perforated colon on March 2021 and had the reversal surgery in may. Come January 2022 went back to the hospital my colon leaked again and have a cyst growing on my ovary. Had the cyst removed and now wearing another colostomy bag and have my reversal surgery in July. I wish someone would help me I have been out of work due to this and medical bills going to collections. Please help I have reached out to 6 lawyers none would help.

  • PennyJanuary 17, 2022 at 2:25 pm

    I had a perforated colon during a colonoscopy 2 years ago and was rushed to the hospital with severe sepsis. That was in Feb of 2020. Previously, on 12/24/2019, I received a call saying that my results were positive for cancer from a ColoGuard test. On April 1, 2020, I started chemo. Do I have a case against the doctor who perforated my colon?

  • MarionNovember 17, 2021 at 1:34 pm

    November 1 came in for a routine colonoscopy I was cut through my colon to my stomach today is November 17 and I am still hospital lice and no one will help me with my case I’ve heard affections I’ve been all kind of pain I need help

  • DebraJune 14, 2020 at 11:35 pm

    I had a colonoscopy in March of 2019. I never made it out of the surgical center where it was performed. I was rushed to the ER with a perforated spleen. 2 liters of blood in my abdomen and my blood pressure was down to 48/27 by the time I went to surgery to have my spleen removed. My two teenagers thought their mother was going to die. Would love to get a recommendation for a medical witness[Show More]I had a colonoscopy in March of 2019. I never made it out of the surgical center where it was performed. I was rushed to the ER with a perforated spleen. 2 liters of blood in my abdomen and my blood pressure was down to 48/27 by the time I went to surgery to have my spleen removed. My two teenagers thought their mother was going to die. Would love to get a recommendation for a medical witness for my lawsuit. The doctor and his staff have all lied through their teeth during their depositions, as well as fabricating medical documents. Absolutely unbelievable the burden of proof is on me....as well as tens of thousands in medical bills I'm now responsible for. I'm beyond ticked off.

  • JeffreyFebruary 11, 2020 at 9:01 am

    My wife had a colonoscopy done and had pain in left side right after . Turns out she had a spleen injury . Had to spend 4 days in ICU and will be down for at least 4 more weeks . Still might have to have it removed

  • WarrenFebruary 2, 2020 at 2:30 pm

    After a routine colonoscopy screening, I began to have significant right lower quadrant abdominal pain within six hours after the procedure. I called my doctor who performed the colonoscopy procedure and he told me that it could be a gall bladder issue and I needed to have a sonogram done before he could prescribe any pain medication. I had the sonogram done approximately 24 hours later and it rev[Show More]After a routine colonoscopy screening, I began to have significant right lower quadrant abdominal pain within six hours after the procedure. I called my doctor who performed the colonoscopy procedure and he told me that it could be a gall bladder issue and I needed to have a sonogram done before he could prescribe any pain medication. I had the sonogram done approximately 24 hours later and it revealed nothing. The doctor said that I should go to the emergency room. I did just that and a CT scan revealed that I had an acute appendicitis and needed immediate surgery. The surgeon said that I had a gangrenous acute perforated appendix after performing lyposcopic surgery. I also had a drain installed in my abdomen to drain the fluids from the perforation.

  • LorettaJanuary 23, 2018 at 1:16 am

    I had a colonoscopy done now I have a bacterial overgrowth infection the doctor that done my colonoscopy gives me a around had to go to another doctor to find out I'm always in pain can't move my bowel with out help plus stomach is swell I have gas pain can't eat lose weight my bowel is sometimes black sometimes green and sometimes clay colored with yellow

  • CharlieJanuary 10, 2015 at 4:03 pm

    My mother was 79 years old but still coaching and very active. She did however suffer from arthritis and had been on long term steroid treatment. Her skin was extremely fragile. According to the surgeon, who tried to save her life, so was her intestines. She was asked by her doc to have colonoscopy to determine why she was having digestion issues. Perhaps cancer...Her colon was torn apart from th[Show More]My mother was 79 years old but still coaching and very active. She did however suffer from arthritis and had been on long term steroid treatment. Her skin was extremely fragile. According to the surgeon, who tried to save her life, so was her intestines. She was asked by her doc to have colonoscopy to determine why she was having digestion issues. Perhaps cancer...Her colon was torn apart from the colonoscopy and she passed away from it 30 days later after a 30 day fight and surgeries that did no good. The biopsies were negative. Not only was the test not necessary but it killed her. If your parents are old and have skin issues, I dont recommend a colonoscopy. find another way to test for cancer. The doctors said this is relatively a common issue. Thanks for telling us after the fact...

  • jedAugust 13, 2014 at 3:19 pm

    I had a colonoscopy in 2013, the following day I had a massive GI bleed, had to be resucitated, had 13 blood transfusions, was in a coma for 5 weeks and in 3 different hospitals and a nursing home totaling 5 months. I have lasting, debilitating pain and suffering, neuropathy from the waist down, memory problems, several infections that could have killed me, etc..This doctor ruined my life, but I [Show More]I had a colonoscopy in 2013, the following day I had a massive GI bleed, had to be resucitated, had 13 blood transfusions, was in a coma for 5 weeks and in 3 different hospitals and a nursing home totaling 5 months. I have lasting, debilitating pain and suffering, neuropathy from the waist down, memory problems, several infections that could have killed me, etc..This doctor ruined my life, but I cannot find one attorney to take the case, WHERE IS THE JUSTICE? I came across an article on the net about a doctor that had performed over 10,000 colonoscopies and another 400 difficult polyp removals and he states several different factors go into a doctor perforating a patients colon and most can be prevented. Googel the website; OMED "How I Remove Large Sessile Type Polyps. EXCELLENT ARTICLE!!!

  • marianneFebruary 1, 2014 at 7:57 pm

    How do patients practice defensive medicine when doctors deny and do not report a "medical complication"? I had a routine colonoscopy for cancer screening. I immediately felt feel run down. A few months after my colonoscopy, I was hospitalized with nausea, vomiting, chills, fevers and passing pencil size stools. I went back to the surgeon that did my colonoscopy. He informed me to have another 3-[Show More]How do patients practice defensive medicine when doctors deny and do not report a "medical complication"? I had a routine colonoscopy for cancer screening. I immediately felt feel run down. A few months after my colonoscopy, I was hospitalized with nausea, vomiting, chills, fevers and passing pencil size stools. I went back to the surgeon that did my colonoscopy. He informed me to have another 3-4 bouts then he would help me. I was placed on mega antibiotics off and on for 10 months. Another surgeon did the resection surgery and took out 12 inches of rotting intestine. Pathology report determined that my intestine was "previously opened". I suffered from March 2012 to Jan.. 2013 with continuous infections at the hands of a doctor that was neglectful. Did I happen to mention that in February 2013 I came down with abdominal peritonitis and had two more major surgeries. At the time of the resection surgery my ovaries where removed because they looked suspicious. No mention by any of my treating doctors that my abdomen and ovaries where bathing in fecal matter. In October 2013, I had a complete hysterectomy and repairs of two hernia's. Do I sound mad and upset? You betcha I am. I went to the State Medical Review Board and they refuse to reprimand this doctor. Where is the justice? If you make a mistake take ownership and not hide behind the wall of silence.

  • sibylOctober 14, 2013 at 2:44 pm

    I WAS HOPITALIZED AFTER A COLON OSCOPY THIS YEAR FOR 3 WHOLES IN MY COLON I ALSO HAD ECOLI POSONING MY APPENDIX REMOVED AND MY COLON MEANED IN 3 PLACES AFTER A COLONOSCOPY PROCUDURE I STILL SUFFER FROM PAINS I HELP HELP AND A LAWYER

  • bobMarch 31, 2012 at 1:39 pm

    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.

  • JanetNovember 17, 2011 at 7:18 pm

    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 [Show More]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.

  • RobertoNovember 4, 2011 at 1:03 am

    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

  • perryOctober 28, 2011 at 3:30 pm

    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.

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