Can I sue the 2/12/09Gastro intestinal Dr for ruptured spleen due to colonoscopy?
3 attorney answers
Your husband can sue for medical malpractice. The success of his case will depend on whether he can establish negligence. In other words, he has to prove that the doctor didn’t act within the standard of care. The standard of care for a GI doctor performing a colonoscopy will be established by medical experts. Experts are key in these cases. Contact a local medical malpractice lawyer — they will be able to explain all the pros and cons of pursuing a lawsuit. Let me know if you need help finding an attorney with experience in this type of case. I’d be happy to recommend someone.
As I am licensed in Vermont and Florida, I cannot offer you specific legal advice as to Washington state law. I would respectfully recommend that you immediately consult with a personal injury attorney in your area who handles medical malpractice cases.
Your husband's medical records will need to be reviewed by an expert to determine whether or not there has been a deviation from the accepted standard of care in your husband's case. A personal injury attorney will generally not charge you for their consultation on these types of matters.
You can sue if the doctor did not live up to hir or her required standard of care. This includes performing the procedure properly and providing information so you would know of the risks associated with the procedure. This is a complex type of case. Seek good counsel of an attorney in your area who can review all of the facts.
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