Colonoscopy Perforation

[Robertson]

My husband went in for a routine colonoscopy screening.  He is a healthy 54 yr. old. We came home afterwoods, he ate, that night he presented with severe abdominal pains, went to ER. Xrays revealed perforation, they hoped it might be small enough to close itself, gave it the rest of the night.  No go-surgery the next morning. He's on his way to recovery, still in hospital as I speak. I'm not into sueing, maligning anyone or exacting revenge- I have insurance- what I would like is have our insurance take care of what they will and his(the dr. who performed the colonoscopy) insurance to cover our out of pocket expenses. Is there any way to accomplish this without involving lawyers and hard feelings? We are not wealthy people, we both make our livings through physical labor. It is a hard pill to swallow to have him bear the physical brunt of this mistake and then have to deal with the financial implications. Isn't this what insurance is for? thank you, clare

[All]

Clare,

I am sorry to hear about your husband.

You can request the physician cover what insurance fails to cover, however, the physician would only be obligated to do so if the care was below the standard of care.  Bowel perforations are a known risk of a colonoscopy.  The perforation may have occurred due to the physician's negligence or the may have resulted without negligence.  

The physician may be willing to pay the nominal fee to keep his patient happy or to avoid litigation.  Once insurance pays, the physician usually has to report it on subsequent insurance applications and some states mandate reporting to the Board of Medical Examiners.

I wish your husband a speedy and complete recovery.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.