Colonoscopy Perforation Malpractice Lawsuit Results in $1M Verdict

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.

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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.

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10 Comments

  • RichardMay 30, 2022 at 10:29 am

    I want for 112 minute colonoscopy test I was preferated I didn't know that the time but I was in a lot of pain and they never told me I was perforated they sent me home a lot of pain talk to the doctor of the day never tell me about it as well never tell me the conversation3rd day and tell me take a walk around the block I know it's guy was a quack 1 down she 3rd day and tell me take a walk around[Show More]I want for 112 minute colonoscopy test I was preferated I didn't know that the time but I was in a lot of pain and they never told me I was perforated they sent me home a lot of pain talk to the doctor of the day never tell me about it as well never tell me the conversation3rd day and tell me take a walk around the block I know it's guy was a quack 1 down she 3rd day and tell me take a walk around the block I know it's guy was a quack 1 down she really was perfect I was skeptic For4 hours and day I would have been dead Emergency surgery 12".12" scarf Got my stomach Septic See you laters Kidney can you problems The loyal friend I have a lawyer been 60 years don't have to look at him Oh this is picking it up from the stuff on TV

  • Rosalie RJanuary 30, 2017 at 11:46 pm

    We took our mom in for a rountine colonoscopy and the doctor punchered her colon and had to have surgery and still to this day she has not been the same she will have her forth sugery on February 8,2017 to repair her colon.Do we have a case.

  • NormanAugust 5, 2015 at 8:33 pm

    On 7/10/15 my wife when into USF here in Tampa for a coloscopy, after it was finished she told them she had a lot of pain the nurse said it's just gas from the colposcopy my said no it not I have had coloscopys before and I know what the gas pains are and this is not the same well they let us go home and said if she still had pain the next day go to ER.at 4 am the next morning she is crying from t[Show More]On 7/10/15 my wife when into USF here in Tampa for a coloscopy, after it was finished she told them she had a lot of pain the nurse said it's just gas from the colposcopy my said no it not I have had coloscopys before and I know what the gas pains are and this is not the same well they let us go home and said if she still had pain the next day go to ER.at 4 am the next morning she is crying from the pain I called 911 and after a cat-scan they saw she was perforated so she had to have surgery ASP.The Dr. came out afterwards and said the top of her colon the scum was so beat-up he had to cut it out and he could not understand why the DR. that done the colposcopy did not know he perforated her , when he did her bowels emptied into her body he said he cleaned it up as best as he could,so after a wk in the hospital she is home but still having a lot of pain and the Dr. does not know why. You think your safe in a hospital,,but think again. Looking this up it says that a purforion can happen but when the doctor does not know he perforated you he is at fault, we will see if the the Lawyers. are in bed with the Dr's or not,or care about people being wronged

  • sherryApril 7, 2015 at 4:02 pm

    My husband went in for a coloscopy on FEB. 12,2014. before being discharged from day surgey he was complaning about pain in his stomach and needed to have a bowel movment. they told his it was just from the air that they had put in him for the producer. on Feb. 13th was running fever and vomiting blood. called 911 to take him to the emergency room. his lower intestine was infected and had a blood [Show More]My husband went in for a coloscopy on FEB. 12,2014. before being discharged from day surgey he was complaning about pain in his stomach and needed to have a bowel movment. they told his it was just from the air that they had put in him for the producer. on Feb. 13th was running fever and vomiting blood. called 911 to take him to the emergency room. his lower intestine was infected and had a blood clot. he died at 12:20am Feb 14,2014

  • PamelaOctober 14, 2013 at 5:27 pm

    I had a colonoscopy on 8/6/13 doctor burned hole or holes in my colon. Was hospitalized for 6 days being pumped full of antibiotic. After numerous x-rays and blood tests I was released. About two weeks later I started having pain in my lower abdomen went to different hospital had x-rays and CT scan could not find anything related to puncture. Last week I lifted a heavy piece of furniture and had b[Show More]I had a colonoscopy on 8/6/13 doctor burned hole or holes in my colon. Was hospitalized for 6 days being pumped full of antibiotic. After numerous x-rays and blood tests I was released. About two weeks later I started having pain in my lower abdomen went to different hospital had x-rays and CT scan could not find anything related to puncture. Last week I lifted a heavy piece of furniture and had bad pain and knot in my abdomen pain still there very sore. I can't afford more hospital bills what can I do?

  • KJune 4, 2013 at 1:35 pm

    In 2008 my mother went in for a surgical operation for diverticulosis in Michigan and was sent home following the procedure. The next day she died from a colon perforation (we had an autopsy done). My brother was the executor of the estate and did some initial checking with an attorney to see if there was a lawsuit but he said there was basically nothing that could be done since perforation is a[Show More]In 2008 my mother went in for a surgical operation for diverticulosis in Michigan and was sent home following the procedure. The next day she died from a colon perforation (we had an autopsy done). My brother was the executor of the estate and did some initial checking with an attorney to see if there was a lawsuit but he said there was basically nothing that could be done since perforation is a risk associated with a colonoscopy procedure. My question is ( it is past the SoL so it is probably moot anyway) - is there anything that could be done? Can the doctor be brought before a review board? My brother has been unwilling to hand over any of the medical paperwork for me to review and form my own opinion so I am still kind of in the dark about everything....

  • DavidMarch 18, 2012 at 6:53 am

    I underwent a colonoscopy and was perforated. Though I complained of excessive abdominal pain, the doctors kept me hospitalized, but refused to do anything other than shoot me up with pain killers as my vitals crashed and my white blood cells elevated over the next three days. Because it was a weekend, the doctors refused to transfer me to their sister hospital in Orlando where trauma surgeons a[Show More]I underwent a colonoscopy and was perforated. Though I complained of excessive abdominal pain, the doctors kept me hospitalized, but refused to do anything other than shoot me up with pain killers as my vitals crashed and my white blood cells elevated over the next three days. Because it was a weekend, the doctors refused to transfer me to their sister hospital in Orlando where trauma surgeons are on staff 24/7 and insisted on keeping there another 17 hours until their on-call surgeon came in on Monday morning – even though they suspected Toxic Mega Colon. I had been in a coma the last two days and have no memory of that time. When finally taken in for surgery they found that the infection from the perforation and resulting peritonitis had caused most of my small bowel to become necrotic. All but 3 feet of my small intestines were removed. Five days later, we noticed that the stoma had turned dark in color, but the surgeon insisted it was fine. I was eventually transferred to the hospital in Orlando for a vascular procedure, which was successful, but he vascular surgeon said it was little consultation because the stoma appeared dead to him and if not treated soon I would be dead within hours. He contacted the original surgeon, who refused to come and look at the stoma and warned the surgeons there not to intervene. I then began to have seizures, so against his warning they rushed me into surgery and found that the last three feet of jejunum had also gone necrotic and begun to liquify. They removed the last 3 feet and gave me little chance of survival. I spent the next six months with no intestines and on life support, fed and hydrated by infusions of TPN and suffered two bouts of septic shock due to line infections. I received a full intestinal transplant and spent seven months in the hospital recovering due to complications, including a pseudomonas sepsis, which nearly killed me and my right lung was perforated while intubating me while in septic shock. The lung eventually required a resection to repair the damage. Yet with all of this, I have not been able to even get a lawyer to give me a consultation, simply because it all began with a colonoscopy. I understand that a perforation is not a cause for a malpractice, but feel I should be awarded damages for the four days my failing condition was ignored and the 17 hours wasted waiting for their surgeon to finish his golf weekend, when they were perfectly equipped to transport me, by helicopter, to ORMC, where I would have received immediate surgery and rescued the small bowels. The CT taken 24 hours before the surgery show that the small intestines were still healthy at that time and could have been spared. I think it is a shame that attorneys have to fear even an obvious case of neglect like this, just because a colonoscopy started it and they won't take any cases involving a colonoscopy. If I had been injured in any other way and ignored, I would have many lawyers willing to take the case. Is there actually such a silencing of anything to do with colonoscopies by the law? I guess a legal case could bring media attention, and colonoscopies have become a huge business because the public's perception that they are extremely safe, when in reality 5/1000 people suffer a complication as a result of this procedure. I feel that the fact that a colonoscopy started the problem is irrelevant, and the fact that the doctors delayed treatment to a critical patient is what's at the heart here, but as soon as an attorney's receptionist or paralegal hear the word 'colonoscopy”, they cut the conversation short, become defensive and insulting and refuse to even give a consultation with the attorney. I have suffered great damages, both physically and financially as a result of these irresponsible and greedy doctors, who were unwilling to lose the hospital's money for continuing my treatment, rather than send me somewhere better equipped. I guess there's nothing I can do about it. It's impossible to stand against such a money-making machine as colonoscopies have become. But this has only added financial and emotional stress to what I have already suffered. Thanks for listening.

  • cindyOctober 28, 2011 at 4:01 pm

    My mother had a colonscopy . Two days later she was not feeling well and was severly doctor told me her colon looked great and the perforation had healed itself. He did not have to do anything. Can a perforation heal itself in a matter of hours. Was this surgery even necessary? A 4 day recovery period turned into bloated. No other symtoms. I took her to the emergency room. Cat scan was done, we [Show More]My mother had a colonscopy . Two days later she was not feeling well and was severly doctor told me her colon looked great and the perforation had healed itself. He did not have to do anything. Can a perforation heal itself in a matter of hours. Was this surgery even necessary? A 4 day recovery period turned into bloated. No other symtoms. I took her to the emergency room. Cat scan was done, we were told there was a perforation in her colon. Surgery would have to be performed and possible colon resection. After surgery the 20 days. She delevolped pnemonia, had a blood transfusion, talk of kideny faliure.

  • danielleMay 20, 2010 at 10:00 pm

    my boyfiends grandmother jus recently died of a colonoscopy is that possible?

  • lindaSeptember 23, 2009 at 12:51 am

    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[Show More]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

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