Q: Injury after colonoscopy fall: seeking liability advice

A: Thank you for your question and I am sorry to hear about your injury. This is definitely something that should not have happened in that environment. As an important cautionary reminder, please remember that the patient advocate, despite that person's title, works with the hospital's risk management department. This means that anything you say to the "advocate" you are stating directly to the hospital, and your statements or written words will be construed against you and likely taken out of context. The first issue is your right to medical records. Michigan has a medical records access act which allows a patient to obtain a copy of their own medical records at nominal cost. But, if you are hoping to find out more about what happened, you likely will never see any record of the incident. That is because hospitals have a variety of "privileges" that prevent the patient from obtaining internal records, especially when they involve peer review of incidents such as this type. You really should be speaking with an attorney who can handle this type of matter. There are mechanisms available that an attorney can use to obtain the information in other ways. I would recommend you speak with any attorney. We would be happy to assist.

A: What happened to you sounds both painful and frustrating, especially with the added stress of lost work and waiting for answers. Since the injury happened inside the hospital immediately after a medical procedure, the focus will likely be on whether proper care and supervision were provided during your recovery from sedation. The fact that you were taken directly to the ER and diagnosed with multiple injuries helps support that this wasn’t a minor incident.

You’ve already taken the right steps by notifying the patient advocate and signing a records release. Risk management departments usually assess whether the hospital may be liable for what happened, so it’s important to follow up with them in writing if you haven’t heard back soon. While the absence of security footage can make things more difficult, your medical records, timeline, and any documentation of your injuries (like the CT scan and X-ray reports) are all valuable evidence. You should also write down your memory of the event in detail while it’s still fresh.

If your fall was due to a lack of support, slippery floors, or improper post-procedure monitoring, those factors could establish negligence. Make sure to keep copies of all your bills, missed work documentation, and medical updates. You’ve been patient so far—now it’s time to press for answers. You deserve clear information and a fair resolution.