We recently resolved a medical malpractice case against a large medical treatment provider for an elderly woman who was in an anti-coagulated state, a contraindication for a colonoscopy involving a polypectomy wherein the gastroenterologist perforated her colon. The physician and medical treatment provider denied liability notwithstanding medical literature to the contrary, evidence of lack of informed consent regarding the increased risk of the procedure, and medical expert testimony to the contrary.
Notwithstanding the elderly woman’s infirmed state, the medical facility pressed towards arbitration until the attorneys at RLG in consultation with their client determined that the proceedings would put their client at a medical risk and therefore agreed to settle.
This case represents why medical malpractice reform should be promulgated forthwith including mandatory arbitration provisions. We will continue to fight on behalf of medical malpractice plaintiffs and will not allow this case to affect our resolve for reform and justice for victims of medical malpractice.