Was there negligence

UPDATED: Sep 30, 2022

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Was there negligence

My wife had a colonoscopy.while under
anesthesia there was a complication.
After the procedure she developed
pneumonia.She has not stop coughing for
2 wweeks.Did the hospital do something

Asked on March 31, 2017 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is potentially negligence IF--
1) You can prove to a reasonable medical certainty that the procedure or anesthesia caused the pneumonia. The fact that she developed it afterwards does not by itself prove anything; you would need a doctor or doctors to, after examining your wife, testify that in their expert medical opinions, the procedure, etc. caused the pneumonia.
2) Even if the procedure caused it, that still is not automatically negligence. The law accepts that the practice of medicine is not perfect, and sometimes the doctors, etc. do everything right but there is still a problem. You'd have to show--again, with some medical evidence or expert opinion--that what the doctor or hospital did was careless (not up to accepted medical standards) and that carelessness led to the pneumonia.

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