Colonoscopies are recommended for all individuals once they reach a certain age. The idea behind the test is to identify colon cancer at an early stage so that treatment can be initiated that will prolong the person's life. While the procedure is a common one that is performed on people every day, mistakes causing injuries still occur.
A 62-year-old Pennsylvania man knows this all too well. During the course of a colonoscopy in 2008 his colon was reportedly perforated. The day following the procedure the man complained of severe pain and received a CT scan after a visit to the ER. Because that scan did not indicate a perforation the man was prescribed antibiotics for an obstruction.
A second CT scan a couple days later revealed that the colon was in fact torn. The perforation caused the man to have to undergo emergency surgery to repair the hole. More than 24 inches of his colon was removed in the surgery.
The man filed a medical malpractice lawsuit against the doctor who performed the colonoscopy as well as the doctor who performed the emergency surgery. He alleged that his colon was overinflated during the initial procedure which caused the tear.
After deliberating for two days the 12-member jury returned a verdict in favor of the 62-year-old man. It determined that the doctor who performed the procedure was 60 percent at fault for the injury. The doctor who repaired the hole was 40 percent negligent for inflicting additional tears while trying to fix the first one. The jury entered a verdict of $2 million.
Source: Pittsburgh Post-Gazette, "Colonoscopy lawsuit results in $2 million award," Gina Passarella, Oct. 24, 2011