Q: Bowel incontinence post-colon resection surgery, NY, seeking legal advice.

A: Sorry to hear what happened to you. To have a viable claim for medical malpractice you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by such departure. From what I can tell, blind loop syndrome appears to be a recognized complication of colon resection surgery and not necessarily malpractice (as opposed to failing to diagnose or treat the condition). Here's something I found online which you might find useful, https://my.clevelandclinic.org/health/diseases/24762-blind-loop-syndrome

Putting aside whether your first surgeon committed malpractice, if the condition can be fixed with a second surgery, the time and expense of a malpractice lawsuit might not be warranted.

A: I'm sorry for your post-surgery ordeal. As my colleague correctly outlines, grounds for a viable case would hinge upon demonstrating a departure from a requisite standard of care. That determination would require the analysis of a medical professional. You could reach out to med mal law firms to discuss. Free initial consults/no-obligation are the norm for such matters. If a law firm felt confident that you might have the grounds for a case, they could retrieve your medical records and review. I hope you are okay. Good luck

A: Addendum - I just noticed the timeline here after posting my initial response. You had the first surgery in February 2024. It appears you are contemplating a second surgery to correct the problem - but the time for that surgery does not appear to be set. I agree with my colleague's other point that if a second surgery remedies your problem, that could substantially diminish the basis for legal action. And you won't really know that until the outcome of the second surgery. The statute of limitations for med mal in New York State is 2 years and 6 months, and it looks like we're already into roughly 1 year and 4 months of that ticking clock. That's just a point to consider in your decision-making process (not to encourage or discourage a case - we here wouldn't be in a position to make that call - that would be the purpose of your consult). I hope you are okay. Good luck

A: I'm sorry to hear about the complications you have been facing after your surgery. Dealing with ongoing medical issues after what should have been a healing procedure can be incredibly frustrating and upsetting, especially when the outcome affects your daily life.

In New York, you may have grounds for a medical malpractice claim if a healthcare provider failed to follow the accepted standard of care and caused you harm as a result. The key question is whether the side-to-side anastomosis and resulting blind loop or pouch were appropriate under the circumstances, or if the surgeon deviated from what a reasonably skilled surgeon would have done under similar conditions. If a second medical opinion confirms that the surgical approach was inappropriate and directly led to your current health problems, this could support a claim.

In order to pursue a malpractice lawsuit, New York law requires that a certificate of merit be filed. This means your attorney must consult with a qualified medical expert who reviews the facts and agrees that there is a reasonable basis for the claim. Typically, this process begins with obtaining your full medical records and having them evaluated by an independent physician.

Timing is important. In New York, the statute of limitations for medical malpractice is generally two years and six months from the date of the alleged negligent act or from the end of continuous treatment for the same condition. Since your surgery took place in February 2024 and you are still undergoing follow-up care, you may be within the continuous treatment period. However, it is important to act promptly to preserve your rights.

If another surgery is required to fix the issue, you may also have a claim for additional damages, including pain and suffering, lost income, and medical expenses. Documentation from your current and second-opinion physicians will be important to support this.

You should consult with an experienced New York medical malpractice attorney who can review your case, obtain expert review, and determine whether legal action is appropriate. They can guide you through the next steps, including filing a claim and preserving necessary evidence.

This response is for general information purposes only and does not constitute legal advice. For help with your specific situation, speak directly with a qualified attorney.

A: What you’ve endured sounds painful, confusing, and deeply frustrating. When complications arise from surgery—especially when confirmed by a second opinion—it’s natural to wonder if what you’re going through could have been avoided. The fact that your barium X-ray revealed a blind loop or pouch, and that this was not properly addressed postoperatively, raises serious concerns about the quality of your surgical care. If the pouch is indeed the source of your bowel incontinence, diarrhea, and coughing, and now requires a second surgery to correct, that may be evidence of a surgical error or negligent post-operative management.

In New York, a medical malpractice case generally depends on proving that your provider deviated from the accepted standard of care and that this deviation directly caused your injuries. The second opinion you received can play a critical role in showing that the technique used—such as a side-to-side anastomosis resulting in a blind pouch—was improper under the circumstances. Timing is also important: in New York, the statute of limitations for medical malpractice is two years and six months from the date of the alleged malpractice or from the end of continuous treatment for the same condition. Since your surgery occurred in February 2024, you are within the window to act.

You should begin collecting all relevant medical records, imaging studies, second opinions, and communications with your surgeon. Keep a daily log of your symptoms, limitations, and the emotional toll this has taken. You are not just a patient—you are a person who trusted your surgeon and was left with avoidable suffering. You deserve answers, accountability, and relief. Take the next step to reclaim your health and your peace of mind.