After experiencing an unfortunate colonoscopy injury in Baltimore, it’s natural to feel overwhelmed and uncertain about what your next steps should be. Seeking immediate clarity on your legal options is paramount. An experienced colonoscopy injury lawyer in Baltimore can provide not just essential guidance on potential compensation but also the support and understanding you need during this challenging time. 

At Peter Angelos Law, our team of compassionate and experienced colonoscopy injury lawyers is dedicated to assisting you every step of the way. We understand that dealing with the aftermath of a medical procedure gone wrong can be distressing, so we’re here to shoulder the legal burden on your behalf. 

Call us today at 410-705-2405 for a complimentary consultation, and let us embark on the journey to fight for your rights and ensure that justice is served.

Understanding Colonoscopy Injuries

Colonoscopies are vital procedures for detecting colorectal cancer, and colon cancer, and removing pre-cancerous polyps. Despite their life-saving potential, they are not without risks. Serious injuries such as abdominal bowel perforations, rectal bleeding, and bowel injury can occur, potentially leading to significant health complications or even death.

Understanding these risk factors is crucial for anyone who has undergone or is considering a colonoscopy, especially for those with irritable bowel syndrome.

Causes of Colonoscopy Injuries

The causes of colonoscopy injuries can be varied and complex. Improper handling of colonoscopy tools, for instance, can lead to traumatic bowel injuries or even perforations, with certain tools such as hot biopsy forceps increasing the risk. The overuse of electrical current during polyp removal can result in tissue damage, including burns and inflammation. It’s the subtle nuances in these procedures that can make the difference between a routine colonoscopy and one that results in a serious injury.

Infections linked to inadequately disinfected equipment, reactions to sedatives or anesthesia, and complications arising from a lack of experience by the medical provider further contribute to the risks associated with colonoscopies. 

Patients themselves play a role in prevention by ensuring adequate bowel preparation and clear communication of their medical history. Structured training for endoscopists and systematic management programs are also recommended to minimize these risks.

Identifying Medical Malpractice

Medical malpractice in the context of colonoscopy injuries involves a deviation from the standard of care that is acceptable and appropriate among medical providers. For instance, a perforation caused by excessive force or an infection due to improperly disinfected tools can be indicative of such a deviation. The role of expert witnesses, including other medical providers, becomes pivotal here, as they help to clarify the standard of care and pinpoint where the healthcare provider may have faltered.

When the standard of care is not met, resulting in uncorrected bowel perforation, failure to diagnose or treat conditions like cancer, or infections from non-sterile techniques, these instances may serve as the foundation for a medical malpractice claim. This situation requires a significant understanding of both medical practices and legal precedents – a duality that can be challenging for victims seeking justice.

The Legal Process for Colonoscopy Injury Claims

The legal journey for those seeking compensation for colonoscopy injuries, including medical bills, can be as intricate as the medical procedures themselves. Understanding the variables that contribute to the complexity of these cases is essential for anyone considering a medical malpractice claim. With the assistance of Peter Angelos Law, this intricate process becomes less daunting. Our experienced attorneys can help explain the legal steps involved, ensuring that your case is handled with the utmost care and professionalism. We are dedicated to providing you with the support and guidance needed to seek the compensation you deserve.

Filing a Claim

When embarking on the legal path, timing is critical. The statute of limitations for filing a medical malpractice claim, including those for colonoscopy injuries, often falls around three years from the date of injury or its discovery. Meticulous preparation is the cornerstone of a successful lawsuit, as seen in cases filed in Baltimore City and Montgomery County.

The attention to detail and the thoroughness of the preparation can make a significant difference in the outcome of a claim.

Proving Negligence

To prove negligence in a colonoscopy injury case, the plaintiff must demonstrate that the medical provider breached the standard of care and that this breach directly caused the injury.

If this breach in duty of care caused an injury or the worsening of an illness, it might be classified as medical malpractice. This is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The Medical Malpractice Act states: “All claims, suits, and actions … by a person against a health care provider for medical injury allegedly suffered by the person … are subject to and shall be governed by the provisions of this act”.

This may include showing that additional medical treatments, pain, and disability were direct results of the colonoscopy injury. Expert witnesses, like board-certified gastroenterologists, provide crucial testimony in these cases, offering their professional opinion on the standard of care and its breach.

Potential Compensation

Victims of colonoscopy injuries may be entitled to economic damages covering medical expenses, lost wages, and diminished future earning capacity. The impact of such a personal injury is not purely financial. Non-economic damages account for the physical and emotional pain, suffering, and reduced quality of life that accompany a serious injury.

The compensation thus aims to quantify both tangible and intangible losses, providing a semblance of restoration to the victims.

Preventing Colonoscopy Injuries

Prevention is better than cure, and this is true for colonoscopy procedures, which can detect cancer. By selecting a forward-thinking gastroenterologist and opting out of unnecessary screenings for at-risk groups, the frequency and severity of colonoscopy injuries can be mitigated.

Selecting a Qualified Gastroenterologist

The credentials of a gastroenterologist are a strong indicator of their capability to safely conduct colonoscopies. Board certification is a reliable measure of a physician’s training and experience in digestive care. Reviews and personal interactions can also shed light on a gastroenterologist’s reputation and bedside manner, both of which can significantly impact the patient experience.

Baltimore’s Trusted Colonoscopy Injury Lawyer: Peter Angelos Law

At Peter Angelos Law, we understand the physical and emotional toll a colonoscopy injury can take. With a specific focus on cases like yours, we provide the legal representation needed for medical malpractice claims.

Our history is rich with victories for our clients, including multimillion-dollar verdicts and settlements in medical malpractice cases. This track record, supported by a thorough examination of medical records, is a testament to our commitment and experience in fighting for the rights of those injured by medical negligence.

If you or a loved one has suffered from a colonoscopy injury, take control of your future today. Don’t let the confusion of medical malpractice overwhelm you. At Peter Angelos Law, we stand ready to advocate for your rights and recover the compensation you rightfully deserve. Our experienced team is just a call away at 410-705-2405. Reach out now for your complimentary consultation, and let us help you navigate the path to justice with confidence and support.

Frequently Asked Questions

What are the legal options if you’re injured during a colonoscopy?

If a colonoscopy results in an injury due to negligence or improper performance, such as tears in the colon or rectum, hemorrhage, or colonic perforation, you may have grounds for a medical malpractice claim. This could allow you to recover damages for the injuries sustained. It’s crucial to consult with a medical provider to understand the risks and with a legal professional to explore your options for compensation.

What compensation is available for colonoscopy injury victims?

Victims of colonoscopy injury may be eligible for economic damages like medical expenses and lost wages, as well as non-economic damages for pain and suffering. Seek legal advice to understand your options.

Can you sue for pain and suffering after a colonoscopy injury?

Yes, if a colonoscopy injury was caused by medical negligence, you may be able to sue for pain and suffering. This falls under non-economic damages, which are intended to compensate for the physical and emotional distress caused by the injury.

How long do you have to file a lawsuit after a colonoscopy injury?

The statute of limitations for filing a medical malpractice lawsuit varies by state. In Maryland, for example, you generally have three years from the date of the injury or one year after the injury was discovered, whichever is earlier, to file a lawsuit.

What should I do immediately after a suspected colonoscopy injury?

If you suspect an injury after a colonoscopy, seek immediate medical attention. Document all symptoms and treatments, and contact a qualified colonoscopy injury lawyer to discuss your legal rights and options.