Final Verdict: Colonoscopy Not Negligent

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Final Verdict: Colonoscopy Not Negligent

People seek medical procedures because they’re necessary, not because they are fun. Of course, some medical procedures are particularly unpleasant. As individuals age, the need for more invasive procedures (even for purely diagnostic reasons) increases. Colonoscopies are one of the more distasteful diagnostic procedures, but they remain an important part of care for individuals over age 50, or any individuals who have symptoms which could indicate a risk for colon cancer.Final Verdict: Colonoscopy Not Negligent

Colon cancer is on the rise. In the United States, it is expected that over 100,000 new colon cancer cases will be diagnosed in 2019 alone. Early detection of potential tumors or growths is critical. There are a variety of techniques, including CT colonography (a procedure in which the large intestine is gently inflated with inert gas and examined under CT scan) and colonoscopies. Colonoscopies remain the best way to detect possible cancer in at-risk patients.

However, colonoscopies do carry rare but serious risks. According to VeryWellHealth, pproximately 1 in 285 colonoscopy patients will experience some kind of complication:

Some of the complications that can occur during a colonoscopy include perforation (a hole in the intestine), bleeding, postpolypectomy syndrome, reaction to anesthetic, and infection. The low amount of risk should be reassuring, especially given the importance of this screening test and in its importance in detecting and preventing colorectal cancer.

In 2013, 55-year-old Edward McNair complained of chills, fever, and potential intestinal bleeding. These are not always the result of colorectal cancer, but they can be a possible cancer symptom, so Edward’s gastroenterologist Momodu Jack recommended and performed a diagnostic colonoscopy. Unfortunately, just one to two weeks after the procedure, Edward’s symptoms become complicated by a colovesical fistula, an opening between the large intestine and the bladder. This resulted in a bladder infection and serious additional complications.

To Edward, cause and effect seemed clear. He had gone in for a procedure, and experienced new symptoms afterward. Edward and his attorney concluded that the colonoscopy must have punctured or cut the inside of the colon, leading to the formation of the fistula. Edward sued in DC Superior Court, arguing medical malpractice, surgical error, perforation of the intestine, and resulting complications. 

It is common for complications to develop after any surgical procedure. However, this doesn’t always mean that the procedure caused them, or that they were avoidable. Sometimes, the very symptoms which prompt a diagnostic procedure come from an underlying condition which causes further symptoms to develop anyway. However, it’s hard for a patient to shake the feeling that the medical procedure was the cause of any change in symptoms.

During the six-day trial, the gastroenterologist explained that the colonoscopy had been unable to complete due to the presence of diverticula in the intestine. He contended that any changes in symptoms, including the colovesical fistula, were the result of the existing diverticulitis, not any surgical error on his part. Edward claimed that the procedure had been improperly done, with too much manipulation and aggressive movement, and this was the cause of the fistula. However, he wasn’t able to prove it. As a result, the jury returned a verdict of no malpractice after three hours of deliberation. Call for an evaluation from an attorney like Cohen & Cohen if you have questions about a medical malpractice case.

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L Proctor
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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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