Colonoscopies are a vital tool for early detection and prevention of colon cancer. However, as with any medical procedure, complications can arise. If you believe your colonoscopy resulted in harm due to negligence, pursuing a legal claim can be a crucial step in your journey toward healing. In this blog post, we will explore colonoscopy malpractice settlements, the factors influencing their value, and the importance of state laws in your case.
Understanding Colonoscopy Malpractice
Colonoscopy malpractice occurs when a medical professional deviates from the accepted standard of care during a colonoscopy, resulting in injury to the patient. Medical professionals have a duty of care to their patients. This duty requires them to perform procedures with the skill and knowledge expected of a competent doctor in a similar situation. When a doctor deviates from this standard of care, and the patient suffers harm as a result, it could be considered medical malpractice. Common examples include:
- Perforation—a tear in the colon wall requiring emergency surgery,
- Infection—improper sterilization of equipment or post-procedure care leading to infection,
- Bleeding—excessive bleeding during polyp removal or biopsy, and
- Failure to diagnose—missing a cancerous polyp during the procedure.
These complications can cause significant physical pain, emotional distress, and additional medical expenses.
Factors Influencing the Average Colonoscopy Malpractice Settlement
Several factors can influence the potential value of colonoscopy malpractice settlements.
Severity of Injuries
The extent and permanence of your injuries will significantly impact the settlement amount. Cases of serious bodily injury, such as perforation of the colon or missed cancer diagnosis leading to advanced stages, typically lead to higher settlements. These injuries often require extensive medical intervention, with ongoing care, and can significantly impact your quality of life.
Doctor’s Negligence
The severity of the doctor’s deviation from the accepted standard of care will impact your settlement amount. The more egregious the doctor’s error, the greater the potential compensation. Punitive damages serve to punish the doctor for egregious conduct and deter similar actions in the future. Not all cases will qualify for punitive damages, but an attorney can help you determine whether they might be available in your case.
Medical Bills and Lost Wages
When determining the potential value of your colonoscopy malpractice settlement, compensatory damages play a significant role. Medical expenses due to your injuries and lost wages due to recovery are taken into consideration when determining a settlement value. Medical expenses include the immediate costs of treating the injury and potential future medical needs. Lost wages include time away from work and long-term impacts on earning capacity.
Strength of Evidence
You will be more likely to obtain a favorable settlement if you can produce strong evidence in support of your claim.
As in most states, expert testimony from a qualified gastroenterologist is typically required to prove that the doctor deviated from the accepted standard of care in New Jersey. An attorney can help you identify an expert who can analyze the specifics of your case and provide an opinion on whether the doctor’s actions or inactions fell below the expected standard. They can also opine on the causal link between the doctor’s negligence and your injuries.
Shared Fault in Medical Malpractice
If your actions or inaction contributed to the severity of your injury, it can affect the value of your medical malpractice settlement. Here are some scenarios in which you could be found partially at fault:
- Failure to follow pre-procedure instructions—if you do not correctly follow pre-colonoscopy instructions, such as not adequately clearing your bowels, this could contribute to complications during the procedure; and
- Delaying treatment of complications—if you experience complications after the colonoscopy and significantly delay seeking medical attention, this could worsen the initial injury.
New Jersey follows a modified comparative negligence system, which reduces your compensation if you are found to be at fault for the injury. For example, if you are found 20% at fault for your injuries, your compensation award would be reduced by 20%.
Carefully considering these factors and consulting with a qualified medical malpractice attorney at O’Connor, Parsons, Lane & Noble can help you better understand a fair settlement in your specific situation.
What If You Can’t Reach a Settlement?
If you can’t reach a fair colonoscopy malpractice settlement, you may need to file a lawsuit and take the matter to court to obtain the compensation you deserve. But keep in mind that you have only a limited amount of time to do so.
In New Jersey, you generally have two years from the date you discovered your injury to file a medical malpractice lawsuit. Missing this deadline can bar you from recovery. The two-year deadline is known as the statute of limitations.
If you are in the process of negotiating a settlement when the deadline approaches, you may need to file a legal claim while continuing to pursue a settlement. It’s essential to consult with an attorney as soon as possible after you suspect malpractice to ensure you meet all filing deadlines.
Legal Counsel Can Help Maximize Your Colonoscopy Malpractice Settlement
At O’Connor, Parsons, Lane & Noble, our team of dedicated medical malpractice attorneys understands the complexities of these cases and is committed to achieving the best possible outcome for our clients. Located conveniently in Springfield, New Jersey, we have served the community for over a century, establishing ourselves as a leading personal injury firm. With a rich history and a proven track record of success, we offer our clients unmatched experience and unwavering dedication.
Contact us today for a free consultation, and let’s discuss your colonoscopy malpractice settlement.