In New York, the key in these failure to diagnose cases is not that the patient suffered the actual injury- that may indeed be a known and recognized risk of the procedure. The carelessness arises when the physician fails to recognize the injury and post-operative symptoms that arise from a perforation of the intestines during the colonoscopy.
Typically, when a patient calls the doctor's office after the procedure with ongoing and worsening complaints, good medical practice requires the physician to either see the patient or send them into the emergency room. A failure to conform to good medical practice creates a recipe for disaster.
It is tragic that this patient's symptoms after the procedure were ignored and she was only prescribed anti-nausea medication. The defense argument that the patient should have known to go to the emergency room is nonsense. She had a problem and called the doctor for assistance.
Gerry is a New York Medical Malpractice attorney in practice for more than 20 years. He has an informative video blog to help viewers understand how medical malpractice cases in New York work at http://nymedicalmalpracticevideoblog.com. For more information, visit Gerry's educational website at http://www.oginski-law.com.