My son underwent a colonoscopy, and the surgeon accidentally perforated his stomach. It went unnoticed and as a result he suffered severe abdominal infection. He required several more surgeries to repair the damage, and he is now suffering several permanent symptoms due to serious organ damage.
Do we have any legal options? This happened in California almost one year ago. Can we still sue the hospital or the doctor that performed the surgery?
Answer: (1)
Perforations during colonoscopy are rare, but can occur. When they do, the potential for infection is high is the perforation is not corrected at the time of the puncture.
You can still file a medical malpractice lawsuit, claiming negligence on the part of the surgeon for failing to perform the colonoscopy with the required level of care. The statue of limitations for a medical malpractice lawsuit in California is three years.
You should also be aware of California's cap on non-economic damages. In California, the jury may not award more than $250,000 for non-economic damages such as pain and suffering. However, you can still demand compensation for all medical expenses, lost income and lost future earning ability with no limit on the amount.
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Posted by Staff Writer on 21 Jan 2010