Do I have a case regarding complications from an endoscopy procedure?

UPDATED: Sep 9, 2014

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Do I have a case regarding complications from an endoscopy procedure?

I had an outpatient procedure for an endoscopy at a local hospital. No tests were performed prior to the procedure. I woke up being admitted to the ICU for respiratory arrest. I spent 4 days in the ICU and 1 day in the general part of the hospital. Since then I have had throat issues and breathing issues, in addition to severe fear and anxiety to necessary medical tests which are needed but I have not had. I am currently being treated by a psychiatrist for this. I am 51 year old female.

Asked on September 9, 2014 under Malpractice Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is whether the doctor and/or hospital was negligent, or unreasonably careless, in how they performed the procedure; or in not preparing properly for it; or in deciding to to this procedure in the first place, when there were not adequate medical indications for it; etc. If they did not provide medical care that met generally accepted standards, they may be liable, or financially responsible for your injuries, medical costs, impairment, lost wages, etc. But if they did everything that a reasonable medical care provider would have done under those circumstances and you just unfortunately had a bad outcome, that would not support liabilty. Medical providers are not held to a standard of perfection; the law accepts that sometimes the provider does everything right and there is still a bad outcome. There is only liabiltiy when there is fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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