Do I have a case if a routine colonoscopy resulted in a perforated bowel and an abscess which resulted in a hole in my bladder?
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Do I have a case if a routine colonoscopy resulted in a perforated bowel and an abscess which resulted in a hole in my bladder?
Emergency surgery and hospital stays. I now have a colostomy bag and have to wear adult diapers. I require more surgery to fix. Do I have a case for medical bills?
Asked on June 21, 2012 under Malpractice Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to obtain all of your medical records and have them reviewed by another doctor, a proctologist. If that doctor writes a report supporting your malpractice claim, this will be important evidence in your case.
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).
Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports and documentation of wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss 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. 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 insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor, who performed the colonoscopy. If the case is NOT settled with the first doctor's malpractice insurance carier, 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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