From: Jennifer Category: Medical Malpractice Date: 05 Feb 2008 Time: 10:48:51 -0500
My boyfriends mother went for a colonoscopy recently, and while the doctor was performing it he had to remove a polyup, while up there he nicked her spleen which then caused her to have to get her spleen removed. She wants to sue, what are her chances of winning the case?
Re: Surgery Mishap Nicked Spleen - Removed
From: Category: Medical Malpractice Date: 08 Feb 2008 Time: 10:39:49 -0500
In order to succeed in a New York medical malpractice lawsuit you must prove that the doctor was negligent in his treatment and that the negligence caused the patient to suffer injuries. Medical malpractice lawsuits are more expensive and time consuming than regular, negligence based, personal injury lawsuits. Therefore, in order to make economic sense, the injuries must be substantial to justify the time and expense of obtaining a recovery in a
medical malpractice claim.
According to the available literature, spleen damage is a rare but, known complication of colonoscopies so, we would need additional information to properly evaluate this matter.
Please feel free to contact me to discuss this potential medical malpractice lawsuit in further detail.
Please remember that this is not intended to be specific legal advice, just a brief overview of relevant New York personal injury or medical malpractice law. You should not rely on or act on this information without consulting with our office.
Paul Ajlouny, Esq. Ajlouny Injury Law, P.C.