Legal Question in Medical Malpractice in Pennsylvania
colon perforatin induced by colonoscopy
Dr. Arnold Wald perforated my colon when he gave me colonoscopy on March 17, 2005. Some things confuse me. First, I don��t know how accurate my medical record was, because Dr. Wald perforated my descending colon, but the admission diagnosis was sigmoid perforation, and my descending colon was cut off, but the discharge diagnosis still was sigmoid perforation. On April 15, 2005, I received a letter (04/06/05) from UPMC medical center. It wrote: This letter is to confirm your discussion with Dr. Wald regarding your colonoscopy on March 18, 2004 (they gave a wrong year). However, the truth is that I never discuss anything with Dr. Wald. Second, Dr. Wald wrote my Prep was poor, but I don��t know why he didn��t stop advancing the procedure, told me how I should do, and rescheduled it. As a professor, he should have this knowledge. I wish to see the videotape, but they said there is no videotape. I think this image is the only evidence how and where this perforation happened, they should save. Third, before and on admission to the colonoscopy, no Dr. talked to me about its benefits and risks, their order highlighted: NOT HIGH RISK. After given sedation, I was asked signing the consent where they crossed. How can I know the truth?
1 Answer from Attorneys
Re: colon perforatin induced by colonoscopy
A colon perforation is a known complication of colonoscopy. In Penna. informed consent cases are subject to an objective standard. That means that if a reasonable person would have had the colonoscopy in spite of the knowledge of recognized risk then you ignorance of the recognized risk is of no consequence.
Nevertheless, sometimes a case can be made out for injuries occurring as complications of colonoscopies.
The important question is how have you recovered and what loss have you sufferred. If there was a delay in diagnosing and treating the perforation and the delay resulted in injury, you may have a claim. If there is reason to believe the perforation resulted from carelessness and caused injury you might also have a claim.
You must also consider whether, even if a potential claim exists, it is worth pursuing. That depends upon the magnitude of the injury and the probability of proving that the injury occurred needlessly.
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