Can I sue for medical malpractice of a colonoscopy that lead to a damaged colon

Although I am not licensed in your state, I can tell you that you will have an up hill battle proving that medical negligence has happened. A perforation is a known risk of a colonoscopy procedure. It is only the delay in diagnosing that a perforation has happened that is actionable. If a delay in diagnosing the perforation did cause you additional damages you can recover only for those damages that were caused by the delay. Further, your health insurer will have a lien against any compensation you recover. This means that your insurer will get paid back from any recovery.

The practical result is that you will have to pay attorneys fees, expert medical witness fees and the health insurer back from your recovery. And in most states, if you are not successful in your recovery - there are laws that allow the defendant to recover fees and litigation costs from you. I don't mean to sound gloomy, but doctors and other medical providers have been very successful in passing laws which require the injured victim to spend money before they are even in a position to attempt to collect for their damages. If you have recovered from your perforation with little permantent sequela, my advice would be to ask for forgiveness of the outstanding balances and move on.

I wish you much success with your recovery and apologize for being the bearer of such dismal news.

Betsey Herd
Tampa, Florida
Morgensternandherd.com
Morgenstern & Herd, PA