Shapiro, Lewis & Appleton
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When a doctor cuts (the medical term is "perforates") your colon or other body part, don't expect an immediate admission of liability. Some doctors would rather quit practicing medicine than simply say, "I'm so sorry. This was a terrible mistake." Instead, the common reaction is a litany of excuses to avoid potential liability. Take, for example, the account posted on worldlawdirect.com by the loved one of a cut/perforated colon victim who suffered their injury during a routine colon exam:
"During a colon exam my wife's colon was cut by the instrument the doctor was using. This required emergency surgery and a five day hospital stay. Her doctor said she was injured because she moved suddenly during the colon exam implying that it was her fault. I thought the anesthesiologist was suppose to put a person far enough under that that would not feel the pain and respond by flinching. How can a person be responsible for their actions when they are under anesthetics? A different doctor performed the emergency surgery while her doctor left town for four days.
My wife never had a choice in the matter because she went in for the colon exam and woke up in the surgery room with several holes in her bruised and painful abdomen. The doctor had contacted my wife's daughter for permission to operate because she was still knocked out by the colon exams anesthesia. My wife had to endure this trauma and shock while be fed by IV only for three days."
Unfortunately, this story is quite common. Doctors will try to say it was your fault (like you suddenly moved) which wound up leading to them cutting your vital organ and seriously injuring you. This can be a rather weak excuse, especially if you were placed under anesthetics and should not even be able to feel what is going on during the procedure.
Another common excuse used by some doctors is that the risk of a cut/perforated colon was a "medically acceptable risk" given the procedure. This is a risk for which "the benefits rank larger than the potential hazards," according to medical-dictionary.com. Once again, the legitimacy of this excuse depends on the circumstances of your situation. If it is a routine medical procedure, saying you should have anticipated having your colon cut would probably not be a valid excuse.
The best advice I can give is not to simply accept the doctor's excuse when they give it to you. Their account of the events that led to your injury is not the final word. In order to determine if a doctor was negligent, seek the opinion of another doctor who performs the same procedure and consult with a medical malpractice lawyer.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.
Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.
While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.
Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.
While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.