Complications During Colonoscopy and Endoscopy Result in $12M Award

A Tennessee jury awarded $12 million in damages in a medical malpractice lawsuit filed by a woman who sustained permanent brain damage as a result of complications during an endoscopy and colonoscopy.

The complaint was filed on behalf of 33-year old Kristen Freeman, in Hamilton County Circuit Court in Chattanooga, against a gastroenterologist, Dr. Michael Goodman.

According to the lawsuit, Freeman underwent a colonoscopy and upper endoscopy performed by Dr. Goodman on April 27, 2006, which was done to diagnose continuing bowel problems she was experiencing.

During the procedure, a tear occurred in her small intestines, which was not discovered by Dr. Goodman.

After being discharged home, Freeman contacted Dr. Goodman’s office hours later with complaints of extreme pain and vomiting. However, she was only prescribed anti-nausea medication.

The next morning Freeman contacted Dr. Goodman again about the problems and was directed to obtain xrays.

As a result of the complications, Freeman suffered a cardiac arrest leaving her with permanent brain damage.

Although the jury returned a verdict with damages of $12 million, Dr. Goodman was only found to be 51% responsible in the endoscopy and colonoscopy malpractice lawsuit. Freeman was also found to be partially negligent for her own injuries when she did not go to the emergency room after continuing to experience the symptoms.

Under Tennessee’s modified comparative fault system, Freeman will only be able to collect $6.12 million against Dr. Goodman, because her negligence was less than his.