Legal Question in Medical Malpractice in Indiana
Colonoscopy Error - Large Tumor
My husband has a history of renal cell cancer and has colonoscopies every two years because of his history. He had a colonoscopy in 2006 and according to the report that we just read, the doctor repeatedly visualized lesions in his transverse colon but due to a poor prep he left them there. In May 2008 during a repeat colonoscopy a very large tumor in this area was found. He just underwent a colon resection having two thirds of his colon removed due to this tumor. Do we have a case?
2 Answers from Attorneys
Re: Colonoscopy Error - Large Tumor
Please accept my regrets for what you and your husband have suffered through.
I do not understand why poor prep would prevent a subsequent attempt to have a biopsy of the lesions.
It sounds like there may be a cause of action. However, there may be some statute of limitation problems. You need to discuss this case with an attorney as soon as possible! Feel free to contact me.
Re: Colonoscopy Error - Large Tumor
Whether you have a case depends on whether the standard of care was violated and if so, did that breach cause the damage. You will need to hire an expert physician to make these determinations. The qustion is whether the colonoscopy should have been redone sooner in the face of a bad prep and whether his treatment now would have been different if the tumor were detected sooner, assuming the tumor could have been detected sooner. I would be glad to speak with you about this.
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