Q: My dad had a hernia during colonoscopy, putting him in the ICU for 2 weeks, can he sue?
He went in for a colonoscopy and it seems he had a hernia, causing his stomach to push up into his chest, the acid spilling into his throat and into his lung. His been in the ICU for 10 days and in the hospital for a total of 14 days. Is he able to sue, should he sue, and what chance does he have of winning?
A: To answer the questions requires a look at the medical records. I would suggest that as he's in the ICU he needs max medical care. To avoid scaring off doctors, do not question in an accusing way what has happened. Doctors will then be worried that you are "lawsuit oriented" and be worried about being "dragged into a case." Instead, adopt the "gee, I dunno, can you 'splain to me again how is it a colonoscopy gets into a hernia...." and see what they say. When the doctor has left jot down what is said. Start a timeline. Consult a member of the Florida Justice Association who handles malpractice cases--they give free consults. All malpractice cases are difficult, but it's way too early to tell what happened--understand malpractice isn't a bad result, it is when there is carelessness that causes a bad event that wouldn't happen but for the carelessness.
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