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.
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.
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.
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