$400,000 Settlement for Unnecessary Colonoscopy

David Fried represented a man in his mid-60s who had prior colon surgery for diverticular disease. He had a colonoscopy three years prior to the event which gave rise to this claim. That colonoscopy was negative for any abnormality. Nevertheless, the defendant doctor recommended a repeat colonoscopy three years later — and when he performed it, there were complications which caused a perforation of the bowel. David asserted that it was not reasonable to do a repeat colonoscopy at that time, and that in light of the prior surgery, our client was not prepared for the repeat colonoscopy in the correct manner, which caused or contributed to the complications. The man now requires a permanent colostomy bag.