By Anonymous - 11/09/2016 05:52 - United States - Philadelphia

Today, my colon got perforated during a routine colonoscopy. Apparently, it's a rare complication and I have no legal recourse. So now I'll need to use a colostomy bag for the next 6 months until I can get surgery to fix their mistake. FML
I agree, your life sucks 16 229
You deserved it 1 087

Same thing different taste

Top comments

melana09 19

They better pay for the procedure since it's their mistake. Sorry to hear that op, but least it's only 6 months and not the rest of your life.

You need to tear that doctor a new asshole! Just like he did to you.

Comments

CallMeWindSock 24

Colostomy bags are absolutely terrible. Having a bag hanging from my stomach where my poop falls into uncontrollably for 6 months because of a doctor's error? There must be something you can do.

cheshireau 26

Who told you that you have no legal recourse? The doctor them self? Because I'd get a second opinion on that one.

If only there was a button for that ... oh wait..

I'm not a lawyer and this isn't legal advice, but I am a law student, and I'd strongly suggest talking to a lawyer who takes medical malpractice cases -- if you already did, maybe time for a second legal opinion on that.

OP, always get a second opinion. Call a couple different lawyers. Also, go see a different doctor and get a second opinion. If they messed up once, I wouldn't want them to refix it.

No legal recourse? Bull. You can sue for pain and suffering; also potentially get refunded the price of the procedure.

How awful and life changing. You need to contact an attorney and go over your options. I'm so sorry that happened to you. :(

I wouldn't call a 6-month inconvenience life changing...

It's not hugely uncommon, it's a risk you take with them and are advised on this before the procedure. Still sucks though. And I'm afraid it's not 6 months, I'm sorry, it's at least 1 - 2 years. FYL indeed :(

Sorry to hear that you had such a nasty complication. It should have been explained to you that a perforation was possible (but rare), and just because it does happen doesn't mean that it is anyone's fault. I'm only aware of the consenting guidance in the country where I work as a doctor (the UK), but it feels like common sense that all relevant risks and likelihoods should have been explained. Then, you could decline to have the procedure if any of them were unacceptable to you, and if you choose to continue with the procedure, you do so having fully understood and accepted the risks involved (hence, no legal recourse). Anyway, hope you get back to normal soon :)

I feel bad for the OP here in a horrible situation, so this isn't a go at him.. but if you read the comments of FML long enough, all American's do is shout 'sue! sue!' as the solution to everything. If you have a crash, and your car is on fire, and someone drags you out, saves your life, but damages your back, you can sue them. Australia and UK has 'Good Samaratin Laws' to protect us from this lunacy, because if you don't, everyone is too scared to step in and help. You are correct, these things come with risks which are clearly disclosed and there's not always someone to blame. Unless they weren't clearly disclosed, but I would think they would have to be..

I guess though our medical systems would pay for the new surgery without the need to sue, maybe not the case there, don't know?

You realize that all the states in America have Good Samaritan laws too, right? I agree that there is too much suing, but this would fall under malpractice. OP wasn't being dragged from a car, op was under a doctors care and was severely injured. There are bad things to sue over, but depending on what happened it's possible that op has a good case.

The U.K. has the NHS; the post op care and second surgery are covered by tax dollars. Not the case in America; if the hospital won't pay out you go to your insurance, who might also dick you around. Sometimes you have to sue to avoid crippling debt from something which, while probably not the doctor's fault, is definitely not the patient's.

Some law offices don't charge money unless you get money. They take a percent of the winnings/settlement but it is an option if you need it.