why do lawyer not take colonoscopy cases

What happens if you don't have a colonoscopy in the first place?

But if you don’t have your colonoscopy in the first place, then you are throwing away the chance to detect polyps when they are easily treated. You may wonder, if colorectal cancer is the most preventable cancer, then why is it the third leading cancer-related cause of death in our country?

Why is my neighbor complaining about pain after his colonoscopy?

The reason your neighbor has a case is because during his procedure the doctor created a hole in the colon and failed to recognize it. The following day your neighbor called his doctor complaining about belly pain and back pain. He was 'poo-pooed' away by the doctor claiming it's normal to have discomfort after colonoscopy.

Is a perforation during a colonoscopy considered malpractice?

Your neighbor then had to get a colostomy bag and remain in the hospital for 10 days on heavy-duty antibiotics. The fact that there was a perforation during your colonoscopy is, in all liklihood, not malpractice.

Can a colonoscopy make a hole in your colon?

The short answer is probably not and here's why. Doctors who perform colonoscopies are aware that perforating the colon (making a hole by mistake) is a known recognized risk of the procedure.

Can colonoscopy be recorded?

Presently, colonoscopy is typically documented by still photography. Video recording in this paper refers to recording the entire colonoscopy or the withdrawal portion of the examination, and preserving the recording as a permanent record. Systematic digital recording of colonoscopy is becoming increasingly feasible.

What happens if something is found during colonoscopy?

Positive result. A colonoscopy is considered positive if the doctor finds any polyps or abnormal tissue in the colon. Most polyps aren't cancerous, but some can be precancerous. Polyps removed during colonoscopy are sent to a laboratory for analysis to determine whether they are cancerous, precancerous or noncancerous.

What can a colonoscopy uncover?

A colonoscopy can be used to look for colon polyps or bowel cancer and to help diagnose symptoms such as unexplained diarrhoea, abdominal pain or blood in the stool. Early cancers and polyps can be removed at the same time.

Can you sue for a perforated bowel?

Can I File a Perforated Bowel Lawsuit? To file a perforated bowel lawsuit, it must be proven that the injury was caused by medical negligence or the delay in treating the injury. To sue the doctor or hospital for either scenario, the result must be serious harm or death.

Do you get results immediately after a colonoscopy?

You should get a letter or a call with your results 2 to 3 weeks after a colonoscopy. If a GP sent you for the test, they should also get a copy of your results – call the hospital if you have not heard anything after 3 weeks.

Can a doctor tell if polyp is cancerous during colonoscopy?

Most polyps are benign (not cancerous). Your doctor can tell if a colon polyp is cancerous during a colonoscopy by collecting tissue to biopsy. The results of the biopsy are typically sent to your doctor within a week. Only 5% to 10% of all polyps become cancerous.

Can you see IBS on a colonoscopy?

No, a colonoscopy can't detect IBS, a condition also known as irritable bowel syndrome. You may wonder why a colonoscopy can't detect IBS when it can diagnose the IBD conditions we outlined earlier. IBS is different from IBD.

Can a colonoscopy detect inflammation?

Colonoscopy and Biopsy This test provides live video images of the colon and rectum and enables the doctor to examine the intestinal lining for inflammation, ulcers, and other signs of IBD.

Why do I need a follow up after colonoscopy?

A 10-year follow-up after normal colonoscopy is recommended regardless of indication for the colonoscopy, except for individuals at increased risk for CRC, such as those with history of a hereditary CRC syndrome, personal history of inflammatory bowel disease, personal history of hereditary cancer syndrome, serrated ...

Can you sue for waking up during a colonoscopy?

If you wake up during your surgery, you may be entitled to recover compensation in a medical malpractice claim when the anesthesia error that led to your anesthesia awareness was caused by the negligence of your anesthesia team.

What happens if your colon is perforated during a colonoscopy?

After a regular colonoscopy, many patients experience some crampy abdominal pain because of retained air in the bowel. Intraperitoneal perforation can cause peritoneal irritation with rebound tenderness, rigidity of the abdomen, accompanied by fever, leukocytosis, and tachycardia.

How long can you live with a bowel perforation?

Patients who underwent surgery for treatment of their bowel perforation had a longer median survival time compared to patients who were treated conservatively, including observation (13.7 months compared to 0.50 months, p=0.007). Survival from the time of perforation differed when compared by BMI groups (p-0.013).

What would have happened if the doctor recognized your bowel injury one day later?

Using the same example as a moment ago, even if the doctor finally recognized your bowel injury one day later, the treatment you would have received to fix your bowel would have been the same as the treatment you would have received one day earlier if it was timely recognized.

What happens if a doctor fails to diagnose bowel perforation?

When we claim that a doctor failed to timely diagnose your bowel perforation, the doctor and his attorney will argue that it is a risk of the procedure. Keep in mind that even if a doctor failed to timely diagnose your bowel perforation, he will still argue that there was no way they could have detected this for a number of different reasons...

What kind of surgeon is needed for bowel surgery?

A general surgeon or a colorectal surgeon will be called in to perform your surgery. This might be done laparoscopically. That's where doctors make tiny incisions in your belly in order to use a small fiber-optic camera to help them close your bowel injury.

What happens when you have two open ends of your bowel?

He must make a watertight seal. In order to allow the two ends of the bowel to heal, the contents of the bowel must be diverted.

What to do if you have a perforated colon?

Good medical practice requires that the physician recognize the injury at the time it happens. If he recognizes it, he needs to call an ambulance immediately. An ambulance will take you to the emergency room. In the emergency room they will confirm that you have an acute belly as a result of a perforated colon.

How to fix a perforated bowel?

The second way to fix a bowel perforation, according to my surgical experts, is with a procedure known as an end-to-end anastomosis. Here's what that means... Imagine you have a long flexible tube. In the middle of that tube there is a massive hole. You need to do something to close up that huge hole in order to prevent bowel fluid and bowel contents from leaking out into the abdomen.

Is a colonoscopy a malpractice?

The fact that there was a perforation during your colonoscopy is, in all liklihood, not malpractice . It's the FAILURE TO RECOGNIZE the hole that is often a departure from good care. When the patient called to complain, the first thing the doctor should have done is get the patient back into the office for an evaluation. Additional tests may be ordered which may reveal the ongoing problem.

Why won't a lawyer take my case?

You may have a clear case of negligence, but if it is not permitted under the relevant Tort Claims Act or the damages are so severely capped that you cannot legally recover enough to cover the damages , this is a common reason why a lawyer won’t take your case. More on suing the government.

Why do lawyers settle before trial?

lawyers usually try to take on cases likely to make money. Most cases settle before trial because trials are risky. In many cases, at some point, there will be a settlement offer that the lawyer believes is an offer that makes sense to accept.

What is comparative negligence?

Under comparative negligence like Texas, a plaintiff can recover so long as his negligence is 50% or less–he just loses the percent of his damage award for which his own negligence is responsible. Where your injury occurs matters and may be part of the reason that a lawyer won’t take your case.

What is the significance of Unclear Liability?

Liability is a big consideration in whether a lawyer will take your case. If liability is not reasonably clear, the likelihood of settlement is lower. This means the anticipated costs are higher. But many times, liability seems clear to the client when it is not.

How does time affect a defense lawyer?

Time is a defense lawyer’s best friend. The longer a plaintiff tries to handle his own case, the more evidence that can be lost. A lawyer can send letters to defendants that place a burden on them to preserve evidence. Individuals generally do not know to do this. Additionally, the longer a plaintiff delays in seeking advice, the more likely he is to do something to harm his case such as give a recorded statement to the other side, create gaps in medical care, or even commit a crime that ruins the client’s credibility.

Can you ask a jury for medical care?

The type and timing of your medical care can affect the strength and/or value of your case. You are allowed to ask a jury for reasonable and necessary medical care caused by another person’s negligence. This is a question for juries to decide, however, and the defense can bring their own doctors to challenge the care you receive. If your doctor’s bill is higher than most, they will challenge this. Here are several medical care issues that can weight into an attorneys decision not to take your case:

Can a plaintiff recover from negligence?

Under comparative negligence like Texas, a plaintiff can recover so long as his negligence is 50% or less–he just loses the percent of his damage award for which his own negligence is responsible. Where your injury occurs matters and may be part of the reason that a lawyer won’t take your case.

What happens if you don't have a colonoscopy?

But if you don’t have your colonoscopy in the first place, then you are throwing away the chance to detect polyps when they are easily treated.

What are the conditions that increase the risk of colorectal cancer?

Conditions that increase the risk for colorectal cancer include ulcerative colitis, Crohn’s disease, inflammatory bowel disease, and familial cancer syndromes such as HNPCC. If a first-degree relative (parent, sibling, child) has colorectal cancer, you are at higher risk.

How many people die from colorectal cancer each year?

Reality: About 150,000 Americans develop colorectal cancer each year, making it the third most common cancer-related cause of death in the U.S. 85% of these patients have no family history of the disease.

Does insurance pay for colonoscopy?

My insurance won’t pay for a colonoscopy. Reality: Almost all insurance plans do pay for screening at the correct intervals. For people at average risk, with no known risk factors, the first colonoscopy should occur at age 50, and then every 10 years thereafter, if the previous results were normal.

What happens if a lawyer doesn't take your case?

Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...

Why won't a lawyer take my case?

Here are the top 7 reasons why a lawyer won’t take your case: 1. There is No Money to be Made in Your Case. There is a real cost associated with trying a case. For a lawyer to take a case, the case needs to have the potential to recover more money than the lawyer will have to invest to try the case.

What happens if you are dropped from another law firm?

If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.

Why is it important for a lawyer to protect their reputation?

Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.

What does it mean when a lawyer takes on a new client?

7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.

Is it important to be selective in choosing a lawyer?

Even though it is crucial and recommended to be selective in choosing a lawyer, it’s important that you focus on whether or not the lawyer in question has expertise and a history of winning the type of case you’re involved in.

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Philips DreamStation, CPAP and BiPAP machines sold in recent years may pose a risk of cancer, lung damage and other injuries.

Rosalie R January 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.

Norman August 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.

sherry April 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.

Pamela October 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.

K June 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).

David March 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.