Can I File a Medical Malpractice Lawsuit for Injuries During a Colonoscopy?

A colonoscopy is a very common medical procedure. In the US, more than 15 million of them are done each year. The test looks for colon cancer and can also find problems with the digestive system.

But like with any treatment, things might go wrong. The results can be serious when they do. You might be wondering if you can sue for medical malpractice if you were hurt during or after a colonoscopy.

Did your doctor make a mistake? Could your injuries have been prevented? And what do colonoscopy malpractice settlements usually look like?

We will talk about what constitutes malpractice during a colonoscopy, how to tell if something’s wrong (like too much bleeding), and what to do next if you have been hurt.

Rare but real dangers of colonoscopy

During a colonoscopy, a flexible tube with a camera on the end (called a colonoscope) is inserted into your rectum. The camera lets the doctor examine the inside of your colon for any abnormalities. They might also take tissue samples or remove polyps. While complications are rare, they do happen.

Some of the most common problems that might happen during a colonoscopy are:

• Perforation of the colon (a tear in the bowel wall)
• Severe bleeding
• Infection
• Adverse reactions to sedation
• Organ damage from improper instrument use
• Failure to diagnose or remove suspicious polyps

Not all of these complications amount to malpractice. That said, if they’re due to a preventable error, you may have a claim.

How much blood is too much after a colonoscopy?

Some bleeding after a colonoscopy is considered normal. That’s particularly true if you had polyps removed. You should also not be surprised to have some minor spotting on toilet paper. However, if you’re seeing persistent or heavy bleeding, it could mean there’s something wrong.

Signs to watch for include:

• Bright red blood in the toilet
• Dripping blood after bowel movements
• Passing blood clots
• Bleeding that lasts more than 24 hours
• Dizziness, weakness, or fainting

How much blood is too much after a colonoscopy? There’s no one-size-fits-all answer. If you feel that you’re bleeding significantly, contact your doctor right away.

What counts as medical malpractice?

It’s not enough that you were hurt. The harm must have been caused by a medical provider’s failure to meet the standard of care.

Here’s what that means in practice. A colonoscopy malpractice lawsuit must prove four things:

• A doctor-patient relationship existed

You had a formal relationship with the doctor or facility that performed the colonoscopy.

• The provider breached the standard of care

This happens when your doctor doesn’t provide the level of care that “a reasonably competent professional in the same field” would have provided in the same situation.

• You suffered an injury

Your doctor’s mistake has to have caused you a real, measurable injury (financial, emotional, etc.).

• The breach caused your injury

The injury has to relate directly to your doctor’s breach of care. If the breach didn’t cause your injury, there’s no malpractice.

Examples of colonoscopy malpractice

Here are some situations that might count as malpractice:

1. Bowel perforation due to improper technique

Perforation is one of the most serious risks of a colonoscopy. It can occur if the colonoscope is inserted too forcefully or navigated incorrectly. If your doctor didn’t follow proper technique or if they failed to recognize and treat the perforation right away, you may have a malpractice claim.

2. Excessive bleeding after polyp removal

While some bleeding is normal, large or improperly handled polyps can cause dangerous hemorrhaging. If your doctor didn’t monitor you properly or ignored early signs of complications, that could amount to negligence.

3. Delayed diagnosis or missed cancer

If your doctor missed a tumor, failed to biopsy suspicious tissue, or failed to inform you of abnormal results, you may have grounds for a claim, especially if that oversight allowed a condition like colorectal cancer to advance untreated.

4. Improper sedation

Colonoscopy usually involves moderate or deep sedation. Administering too much or too little can cause serious harm. Patients have suffered brain damage, respiratory failure, or even death from sedation errors.

5. Inadequate informed consent

You should be fully informed about the risks before undergoing any procedure. If your doctor didn’t explain the possible complications or downplayed the dangers, you might have grounds for a failure-to-warn claim.

What are colonoscopy malpractice settlements worth?

The value of colonoscopy malpractice settlements can vary a lot depending on the severity of your injuries, the level of negligence involved, and how the damage has affected your life.

Some of the more common factors that affect your outcome include:

• Cost of medical care (past and future)
• Lost wages or diminished earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life

Some settlements reach into six or seven figures, especially when the injury results in long-term harm or death. For example, a case involving an undiagnosed perforation that led to sepsis and organ failure might result in a much larger payout than a case involving temporary bleeding or discomfort.

It’s important to note that Maryland law caps non-economic damages (like pain and suffering) in medical malpractice cases. But economic damages (like medical bills or lost income) are not capped.

What to do if you suspect colonoscopy malpractice

If you believe your injuries were caused by a medical provider’s negligence, don’t wait to act. Medical malpractice cases are complex, and Maryland has strict deadlines for filing claims.

Here’s what you should do:

• Seek medical attention immediately

If you haven’t already, get treatment for your symptoms. This protects your health and helps create a paper trail.

• Request your medical records

Your records will be crucial in determining whether proper procedures were followed.

• Write down everything you remember

The more details you can provide, the easier it is for your legal team to piece together what went wrong.

• Contact an experienced malpractice attorney

Medical malpractice claims are hard to prove without expert support.

Talk to a Maryland malpractice lawyer

A colonoscopy is supposed to protect your health, not put it at risk. If you were seriously injured during or after the procedure, and you suspect medical negligence, you have the right to hold the provider accountable.

At Plaxen Adler Muncy, we’ve helped clients across Maryland find justice in medical malpractice claims, including cases involving colonoscopy errors, missed diagnoses, and surgical injuries. We’re here to listen to your story, explain your legal options, and fight for the compensation you deserve. Contact us today for a free, confidential consultation.