If the doctor perforates my colon during a colonoscopy, do I have any legal rights?
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If the doctor perforates my colon during a colonoscopy, do I have any legal rights?
Asked on February 11, 2013 under Malpractice Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to be examined by a second doctor, who could write a medical report supporting your malpractice claim against the first doctor.
Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports (especially the medical report from the second doctor), and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor. If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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