If a colonoscopy is thought to be the cause of septic shock, is there any legal recourse?

In April i went into septic shock, the Doctor at Yale (did not perform colonoscopy) could not overlook a colonoscopy I had 3 months earlier. I had developed a 3 inch abses on my liver which burst on April 17th. Also as a result of septic shock not knowing I was sick I fell and tried to get up several times resulting in two torn rotator cuffs one of which I had surgery on (left) in October ( was out 4 days). I am still dealing with my shoulders and need to have something done with my right shoulder. I teach and was out 45 days from school of which I was still paid. I started school again in August and have struggled since the start of school, a day at a time Medical bills have been paid by insurance, It is good being back to work but I am not 100 percent still recovering, is this something worth pursuing legally?

Cheshire, CT -

Attorney Answers (3)

John Serrano

John Serrano

Car / Auto Accident Lawyer - Hartford, CT
Answered

Please call my office to set up an appointment (no charge) to review your situation. We would have to obtain copies of your medical reports to determine if it was probable that medical malpractice occurred.

Eileen R Becker

Eileen R Becker

Slip and Fall Accident Lawyer - Wallingford, CT
Answered

As others have stated, whether or not there is legal recourse for what you have gone through would depend upon whether a medical expert could testify that what your treating doctor did fell below the accepted standard of care for similar doctors in that field of medicine. You have been through quite an ordeal and it seems to me it would be worth exploring further. We work with medical experts who review our clients' medical records to determine if there is a case. I would be happy to sit down with you to discuss with you your legal options at this stage at no cost to you. We have offices in Wallingford and Hamden. Feel free to visit our website for further information about my firm - www.lflaw.com.

Please note that there is a two-year statute of limitations to bring a medical malpractice claim. The two years would likely run from the time of your colonoscopy, which if I am understanding your question, took place in January of 2008. If you wait too much longer, you may not be able to bring a claim as your time to file a claim would run out in January of 2010.

Frank Albert Ashton

Frank Albert Ashton

Medical Malpractice Attorney - Jacksonville, FL
Answered

I assume the colonoscopy was performed in Connecticut based on your description. I am not a Connecticut lawyer so the advice I can give is only general advice applicable to many malpractice cases (but it may not be specifically applicable to yours). Perforation of the colon during colonoscopy is a recognized risk of the procedure. If the colon is perforated, this can lead to sepsis (a severe systemic infection) and septic shock. You do not specifically indicate that a perforation occurred but your message suggests the doctor is suspicious that it did.

Even though perforation is a risk of colonoscopy, this does not mean a doctor will have no liability for the perforation. It is important to know where the perforation occurred, what type of perforation occurred, etc. It is also important to analyze what testing was done after the colonoscopy to determine if there were any leaks after the procedure.

If there is evidence of a perforation to the colon, I would suggest you contact an experienced medical malpractice lawyer in your state to further analyze your case.

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