Colonoscopy Injury Leads to Death: $1.5 Million Settlement
Plaintiff claimed gastroenterologist was negligent in his performance of colonoscopy injuring spleen, leading to death
2024 Medical Malpractice Case Report
By Attorney Robert M. Higgins
Worcester Superior Court, Massachusetts
Case summary
In January 2014, the decedent went for a screening colonoscopy and went home the same day.
Later that night, at 9:00 p.m., an ambulance was called to the decedent’s home. She complained of severe abdominal pain in her left upper quadrant. The EMTs transported her to the closest emergency department.
Upon arrival at 9:30 p.m., the decedent was noted to be cool to touch but also very sweaty. Her blood pressure was noted to be low and her pulse elevated. She was given mediation for pain and the nurse noted that her abdomen was distended. She was seen by the defendant ED doctor who ordered blood work. Her hematocrit and hemoglobin were low indicating a bleed. The defendant ordered a blood transfusion but did not order a CT scan to assess where the bleed was coming from. He also delayed in getting the decedent to a hospital where she could be seen by a surgeon.
Finally, approximately 3 hours after arriving in the emergency department the decedent was transferred to a trauma center. During transport the decedent was awake and alert but had 10/10 abdominal pain and her abdomen was severely distended and tender to touch.
Five minutes after arrival the decedent became unresponsive and suffered a cardiopulmonary arrest. During CPR an ultrasound was performed and it showed a large amount of fluid in her abdomen. Despite efforts, the decedent never regained a pulse and she was pronounced dead. An autopsy showed that she died from bleeding as a result of numerous lacerations to her spleen caused during her colonoscopy.
The plaintiff consulted experts in gastroenterology and emergency medicine. It was the gastroenterologist’s opinion that the gastroenterology defendant was negligent in his performance of the colonoscopy. It was never appropriate to injure a patient’s spleen during colonoscopy. It was the opinion of the ED expert that the defendant ED doctor failed to transfer the decedent immediately when it was clear she needed a surgeon. Had either/both of the defendants acted appropriately the decedent would not have died.
The case settled for $1,500,000 in the month prior to trial.
Attorneys for the plaintiff: Robert M. Higgins and Andrew C. Meyer, Lubin & Meyer, P.C.
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