A Baltimore County found no negligence in a surgical malpractice lawsuit brought by a 72 year old man who had a perforated bowel during a colonoscopy. Perforations were found where the three polyps had been removed.
The surgeon told the Baltimore County jury this was his first perforation in 12,000 procedures and he did everything he could to reduce the risk of perforation. His malpractice lawyer argued that the Plaintiff's bowel preparation had been negligent.
I obviously can't speak to the merits of this case. But it is extremely difficult to get a recovery in a case where the alleged victim died of unrelated causes before the trial. Because claiming damages for someone else's medical bills and pain and suffering when the died for a reason completely unrelated to the negligence does not engender sympathy.
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