If a doctor ruptured my spleen during routine colonoscopy, do I have a case?

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If a doctor ruptured my spleen during routine colonoscopy, do I have a case?

Routine colonoscopy ended up with a rupture spleen – 3 days in ICU,ran fever for 12 days, ended up in hospital again for 3 days, now have a hematoma twice the size of my spleen on my spleen. ICU doctor said thst this nevershould not have happened. The doctor used too much force while doing the colonoscopy. Out of work 6 weeks – cannot runor lift anything over 20 lbs. Hematoma has barely shrank in 2 months. Should i speak with a malpractice attorney? In St Francois County, MO.

Asked on February 11, 2011 under Malpractice Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.  Your negligence claim against the doctor should include the medical bills, medical reports and wage loss.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  The medical report from the ICU doctor will provide evidence establishing your claim of medical malpractice.

If the case isn't settled with the insurance carrier of the doctor who performed the colonoscopy, you will need to file a lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  The hospital or medical facility where the colonoscopy was performed may also be liable.  Again, if you are dissatisfied with settlement offers from the insurance carriers, file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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