A colonoscopy is one of the most common procedures used to screen for colon cancer and other gastrointestinal conditions. While it’s generally considered safe, serious injuries can occur if something goes wrong. When a preventable injury happens, many patients and families are left asking: Do I have a case? And how are colonoscopy malpractice settlements handled in Maryland?
If you or a loved one was harmed during or after a colonoscopy, you may have grounds for a colonoscopy lawsuit, especially if the injury was due to negligence. At Brockstedt Mandalas Federico LLC, we help individuals and families across Maryland understand their rights and pursue justice when medical errors lead to lasting harm.
This post explains what you need to know about malpractice, how liability is determined, and what factors influence the value of potential colonoscopy malpractice settlements.
Can You Sue for Colonoscopy Malpractice?
Yes, under Maryland law, patients may file a lawsuit if colonoscopy malpractice results in serious injury or death, and that injury could have been avoided with proper care.
To succeed in a malpractice case, you must prove that:
- A healthcare provider owed you a duty of care;
- They breached that duty by providing care that fell below accepted medical standards;
- That breach caused you harm; and
- You suffered damages as a result, such as medical expenses, lost income, or lasting disability.
Colonoscopy-related malpractice may involve a range of negligent actions, including:
- Perforating the colon during the procedure,
- Failing to monitor for or treat complications,
- Delaying diagnosis of a perforation or infection,
- Inadequate informed consent,
- Improper sedation or anesthesia errors, and
- Performing the procedure without proper training or precautions.
Each case is unique, but serious complications, especially those involving colonoscopy perforations, can lead to substantial medical and financial consequences. When the injury was avoidable, you may have a valid claim.
What Is a Colonoscopy Perforation Lawsuit?
A colonoscopy perforation lawsuit typically arises when a tear or hole is created in the colon during the procedure, and:
- The injury could have been avoided with proper technique, or
- The perforation was not diagnosed or treated promptly, leading to further harm.
Colonic perforation is a rare but serious complication that can result in:
- Severe abdominal infection (peritonitis),
- Sepsis,
- Emergency surgery,
- Long-term bowel damage or colostomy,
- Extended hospitalization, or
- Death, in extreme cases.
If a preventable mistake caused the perforation or a delayed response worsened the injury, you may be entitled to compensation through a malpractice claim.
How Are Colonoscopy Malpractice Settlements Determined?
There is no standard payout for colonoscopy malpractice settlements. Every case depends on its specific facts. That said, several factors often influence the value of a settlement in Maryland.
1. Injury Severity
The more serious and permanent the injury, the higher the potential compensation. For example, a minor infection that resolves in a few days may not justify a lawsuit, but a perforation that leads to multiple surgeries or lifelong bowel issues may.
2. Economic Damages
Economic damages include the actual financial cost of the injury, such as:
- Medical bills (past and future),
- Lost wages or reduced earning capacity, and
- Rehabilitation or in-home care needs.
These quantifiable damages form the foundation of most settlement calculations.
3. Noneconomic Damages
Maryland law caps noneconomic damages, such as pain, suffering, and loss of quality of life. The cap amount changes annually, but it still significantly influences settlement value.
4. Liability and Causation
To secure a settlement, your legal team must show that the harm was directly caused by colonoscopy malpractice, not by an unrelated complication or known risk of the procedure. The stronger the evidence of negligence, the more likely a favorable settlement will be.
5. Expert Opinions
Medical expert testimony is required to establish the standard of care and show breach. At Brockstedt Mandalas Federico LLC, we work with respected specialists who can help build a strong, credible case.
Do You Have a Valid Colonoscopy Lawsuit?
If you’re not sure whether your injury qualifies as malpractice, here are a few questions to consider:
- Was the procedure more painful or complicated than expected?
- Did you experience severe complications like infection, perforation, or internal bleeding?
- Were you hospitalized unexpectedly or required emergency surgery after the colonoscopy?
- Did a doctor fail to respond to your symptoms or delay treatment?
- Were you not fully informed of the risks beforehand?
If you answered yes to any of these, it is worth speaking with a lawyer to explore your legal options.
Why Legal Experience Matters
Colonoscopy malpractice cases can be challenging. Doctors and hospitals often argue that injuries were an accepted risk of the procedure, not the result of negligence. To increase your chances of a successful outcome, your attorney must have:
- Deep knowledge of Maryland malpractice law,
- Experience working with medical experts,
- The resources to build and present a compelling case, and
- A track record of resolving similar claims through settlement or trial.
At Brockstedt Mandalas Federico LLC, we’ve earned a reputation across Maryland for our skill in handling high-stakes malpractice claims. We approach each case with thoroughness, professionalism, and compassion for our clients’ experiences.
Don’t Wait to Speak with a Lawyer
There are strict time limits for filing medical malpractice lawsuits in Maryland, and different rules may apply in cases involving children. These deadlines are complex and can be difficult to calculate without legal guidance. That’s why it’s critical to speak with a qualified attorney as soon as you suspect something went wrong.
Even if you’re unsure whether the injury qualifies as malpractice, a consultation can help you get the clarity you need.
Contact Brockstedt Mandalas Federico
If you or someone you love suffered harm after a colonoscopy, you may have grounds for a malpractice claim. Our attorneys can investigate, consult with medical experts, and determine whether negligence played a role. At Brockstedt Mandalas Federico LLC, we bring decades of experience in Maryland medical malpractice law, a long record of success, and strong relationships within the medical-legal community. We offer compassionate, personalized representation and are ready to help you pursue answers, accountability, and a colonoscopy malpractice settlement. Contact us today to schedule a free, no-obligation consultation.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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