Medical Malpractice Issue
UPDATED: Oct 1, 2022
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Medical Malpractice Issue
I had a routine colonoscopy a few days ago and 1 polyp was removed. Apparently, it was pretty large. The next day I went back to work but later that evening I was bleeding so bad that I fainted and hit my head. The next day I went to the emergency room and ended up being admitted for the night; I was released a day later. I had scans and lots of blood work that resulted in an extremely low blood count because of my excessive bleeding. I got scheduled for another colonoscopy Friday morning which resulted in finding out the large polyp removal wasn’t sealed correctly and clamps had to be used to stop the bleeding from the ulcer that developed at the removal site. I never experienced anything like this as normally I am healthy. I do not take meds of any kind.
Asked on January 20, 2018 under Malpractice Law, Minnesota
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Medical malpractice is negligence. Negligence on the part of the doctor is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the hospital, where the first colonoscopy occurred, is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the doctor and hospital, it may be possible to settle the case with their malpractice insurance carriers.
Your claim filed with the malpractice insurance carriers should include your medical bills, medical reports and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical treatment and medical condition, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carriers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carriers, reject the settlement offers and file a lawsuit for negligence against the doctor and hospital.
If the case is settled with one but not both parties, only name the party with whom the case did not settle as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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 AttorneyPages.com 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.