What to do if I recently had a diagnostic endoscopy done and during the procedure the doctor made a tear in my esophagus?

The doctor told me I have eosinophilic esophagitis and that the condition causes a thinning of the esophagus. Does this make him not at fault for tearing my esophagus? I went in for an out patient procedure but because of the tear I had to be admitted to the hospital and stay there for 2 nights.

Asked on September 21, 2012 under Malpractice Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a personal injury attorney to see if he or she is of the legal opinion that your physician fell below the standard of care in your treatment where he or she made an internal tear resulting in you being hospitalized, incurring additional medical bills, paid and suffering and possible wage loss.

From there, you can make a decision as to what legal recourse you may or may not want to pursue concerning the recent hospitalization your underwent.

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