Legal Question in Medical Malpractice in Pennsylvania

Unfortunately, the complication which you suffered which clearly caused you harm, does not represent the magnitude of loss which would justify the very considerable time and expense associated with pursuing your potential claim. Lawyers who handle medical malpractice cases exclusively and are best suited to represent you must consider whether in view of the cost and expense, the effort is justified. I say this considering your point of view as well.

First, the fact that your colon was nicked does not represent evidence of negligence. A colonoscopy expert would have to be employed to review records and determine whether the procedures employed and the precautions observed by your colonoscopist fell below the standard of care. The cost of such experts is significant. These cases are rarely resolved even where negligence is apparent until after suit is filed and significant discovery completed.

We try here to select those cases in which we are able to identify violations of the standard of practice which result in enduring injuries. Very temporary disability and associated wage loss is difficult to make a recovery for and, more importantly I think you would be terribly disappointed with the results. Any of your medical expenses paid for by insurance would not be recoverable. If any of your expenses were paid for by Medicare or Medicaid or if your insurance was through an ERISA plan, your medical expenses though recoverable would be repayable to these carriers. When you then subtract an attorney fee from your gross recovery of one third to 40% and then subtract from your share of the recovery the liens and litigation costs I think you can see that being made whole in such circumstances is very difficult.

I regret the system doesn't provide well for persons in your circumstances. Under other hand it does provide the only means of making all persons who suffer permanent and disabling injuries or deaths have occurred with the means of dealing with the severe economic challenges of the victims or their survivors.

It is certainly appropriate notwithstanding what I have said or you to consult a lawyer handling medical malpractice cases in your jurisdiction.