Legal Question in Medical Malpractice in Texas

Doctor ruptured colon during colonoscopy

Doctor ruptured my Dad's colon during routine colonoscopy causing internal bleeding. He did have him rushed to emergency room where he remained for 45 days (other complications). He is out; medicare paid most bills; back to relatively decent health...Nevertheless, can he sue for retribution of some sort or is this just doctor ''human error'' and accidents happen?

Asked on 1/07/07, 12:44 pm

1 Answer from Attorneys

Dan Street Street Law Firm

Re: Doctor ruptured colon during colonoscopy

Iím very sorry to hear about your father's medical problems. Medical malpractice cases in Texas are very complex; there is no way for me to tell from the limited information you provided whether you have a case or not. However, it sounds as though there was negligence on the part of the doctor and that this negligence caused injury to your Dad. In all medical malpractice cases in Texas it is required that you prove that the doctor was negligent and that it was this negligence that caused your injuries. The case cannot be based upon only your feelings, suspicions, or suppositions that the doctor may have been at fault. It must be based on expert testimony from a doctor that your doctor was negligent. Therefore, it is necessary for either you or your attorney (or both) to discuss this matter with another doctor and see if he or she is willing to state that the first doctor was negligent. It is also necessary to obtain all medical records from the time you first saw the negligent doctor and get those to an attorney for review. Establishing negligence is a difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor; it cannot be based upon yours or my opinion. I encourage you to contact a competent personal injury attorney immediately to look into your case further. I would be happy to speak with you about your case.

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Answered on 1/07/07, 3:19 pm

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