As the gold standard for colon cancer, colonoscopies are often the subject of malpractice cases for gastroenterologists, according to a blog post from law firm Miller & Zois.
Here are five things to know about colonoscopy malpractice cases, according to the report:
1. Many, but not all, of colonoscopy-related problems are the result of a mistake by the physician, according to the report. Potential injuries include hemorrhaging following polyp removal, aggravation of underlying bowel disorders and more severe injuries such as bowel perforation, sepsis and splenic tear or rupture.
2. Rates of serious injury due to colonoscopies vary in research between 0.34% and 2.5%. The risk of bowel perforation is estimated to be 0.2% to 1%.
3. Splenic injury due to a colonoscopy is rare and may go undiagnosed, but a delay in diagnosis can be fatal. Three potential mechanisms for splenic injury include the formation of abdominal adhesions from a history of abdominal surgery, increased splenocolic ligament traction associated with snare polypectomy and direct trauma to the spleen.
4. Another common complication is a perforated bowel during a colonoscopy, a recognized risk of the procedure. But where the malpractice comes in with perforated colon cases, according to the report, is when the physician "refuses to admit that the colon was perforated, and the patient fails to receive the treatment that is needed to best resolve the problem."
Because colonoscopies are usually outpatient surgeries, determinations of colonoscopy injury before release may not be possible so follow-ups are necessary, particularly with high-risk patients.
5. Here are six examples of patterns in colonoscopy medical malpractice cases:
- Negligence in performing colonoscopy despite recent bowel prep
- Lack of informed consent
- Failure to diagnose or treat irritable bowel syndrome during colonoscopy
- Failure to recommend sigmoidoscopy or colonoscopy for rectal bleeding or cancer symptoms
- Not informing patient of higher-than-normal colonoscopy risks
- Negligence in passing a colonoscopy instrument through an overly dilated colon.