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Colonoscopy Perforation Medical Malpractice in Chicago
A colonoscopy is one of the most common medical procedures performed in the United States. It is used to screen for colon cancer, remove polyps, and diagnose gastrointestinal conditions. Most colonoscopies go smoothly. But when a doctor or medical team makes a preventable mistake that causes a bowel perforation, the consequences can be life-altering, or even fatal. If you or a loved one suffered a colonoscopy perforation at a Chicago-area hospital or outpatient clinic, you may have a medical malpractice claim under Illinois law. Briskman Briskman & Greenberg, located at 205 W. Randolph St., Suite 925, Chicago, IL 60606, represents patients and families throughout the Chicago area who have been harmed by medical negligence.
Table of Contents
- What Is a Colonoscopy Perforation and Why Does It Happen?
- How a Colonoscopy Perforation Becomes Medical Malpractice in Illinois
- Symptoms of a Colonoscopy Perforation That Doctors Should Not Ignore
- Illinois Laws That Govern Colonoscopy Perforation Malpractice Claims
- What Compensation Can You Recover After a Colonoscopy Perforation in Chicago?
- Why Patients in Chicago Trust Briskman Briskman & Greenberg With These Cases
- FAQs About Colonoscopy Perforation Medical Malpractice in Chicago
What Is a Colonoscopy Perforation and Why Does It Happen?
A colonoscopy perforation is a hole or tear in the wall of the colon that occurs during or after a colonoscopy procedure. When the colon wall is punctured, intestinal contents, bacteria, and gas can leak into the abdominal cavity. This is a life-threatening condition, because delayed diagnosis significantly increases the risk of severe infection, peritonitis, sepsis, and death.
Perforations can happen in two ways. The first is mechanical perforation, where the scope itself tears the colon wall, usually through excessive force or improper technique. The second is thermal perforation, caused by the heat used during polypectomy, which can damage the bowel wall and cause a delayed tear that appears hours or even days after the procedure.
The most common sites of perforation are the sigmoid colon and the rectosigmoid junction, and the leading causes include diverticulitis, malignancy, abnormal sigmoid anatomy, and inflammatory bowel disease. Patients with these underlying conditions require extra care and attention from the performing physician.
Operators with limited experience were more likely to cause perforations and experience delayed recognition of the issue. This is a critical point in any malpractice case. A physician who lacks sufficient training, rushes through the procedure, or fails to recognize warning signs during the scope can directly cause a perforation that a more careful and experienced provider would have avoided.
A systematic review and meta-analysis based on 67 studies found an overall estimated perforation rate of approximately 5.15 per 10,000 colonoscopies. While that number may seem small, millions of colonoscopies are performed every year across the country, meaning preventable perforations happen far more often than most patients realize. When a perforation is caused by substandard care, it crosses the line from a known risk into actionable medical negligence.
How a Colonoscopy Perforation Becomes Medical Malpractice in Illinois
Not every colonoscopy perforation is malpractice. Perforation is a recognized risk of the procedure, and a doctor who follows the accepted standard of care can still have a patient experience this complication. Malpractice occurs when a physician, gastroenterologist, nurse, or hospital falls below the standard of care that a reasonably competent provider in the same field would have met under similar circumstances.
Common examples of negligence in colonoscopy perforation cases include using excessive force while advancing the scope, failing to recognize high-risk anatomy before the procedure, failing to identify the perforation during the procedure itself, and discharging a patient without proper post-procedure monitoring. About half of all perforations are discovered during or immediately after the procedure, which means the other half are missed in the moment, often because the provider does not look carefully enough or dismisses early warning signs.
Delayed recognition is especially dangerous. Colonic perforations tend to follow a slower progression course, presenting with secondary bacterial peritonitis or localized abscess formation, and a subset of patients exhibits delayed symptoms or sepsis. When a doctor sends a patient home without adequate instructions, fails to respond to a patient’s post-procedure calls about worsening abdominal pain, or dismisses concerning symptoms in the emergency room, that failure can itself constitute malpractice, separate from the perforation itself.
A Chicago abogado de lesiones personales handling a colonoscopy perforation case must evaluate both the act that caused the perforation and any subsequent failures to diagnose and treat it in time. Both types of negligence can form the basis of a valid claim.
Illinois law also requires that before filing a medical malpractice lawsuit, the plaintiff’s attorney must file an affidavit under the Healing Art Malpractice Act, 735 ILCS 5/2-622. This affidavit must confirm that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must practice or have practiced within the last six years in the same area of medicine at issue. This requirement exists to screen out frivolous claims, but it also means that building a strong, well-documented case from the start is essential.
Symptoms of a Colonoscopy Perforation That Doctors Should Not Ignore
Recognizing a colonoscopy perforation quickly is the difference between a manageable complication and a catastrophic outcome. The symptoms are often clear, but they can be subtle in the early hours after a delayed perforation, which is exactly why physician attentiveness matters so much.
The most common signs of a colonoscopy perforation include severe or worsening abdominal pain after the procedure, abdominal distension or bloating that gets worse over time, fever and chills, nausea and vomiting, and the inability to pass gas or stool. Patients presenting with abdominal pain and distension, particularly in the appropriate clinical context, must be promptly evaluated, as delayed diagnosis significantly increases the risk of severe infection, peritonitis, sepsis, and death.
Imaging plays a central role in diagnosis. CT scan findings that support the diagnosis include extraluminal gas, visible bowel wall discontinuity, bowel wall thickening, and localized fat stranding or free fluid. When a patient returns to the emergency department after a colonoscopy with abdominal complaints, a failure to order and properly interpret a CT scan can amount to negligence in its own right.
Delayed perforations are particularly tricky. Delayed thermal injury after colonoscopic polypectomy can cause perforation that mimics other causes of acute abdominal pain, creating diagnostic and therapeutic challenges. This means a patient may leave the procedure feeling fine, only to develop severe symptoms hours or even a day or two later. When a doctor or emergency room physician dismisses those symptoms as routine post-procedure discomfort, the delay in treatment can cause irreversible harm.
Patients who underwent colonoscopies at facilities near Chicago, whether near Northwestern Memorial Hospital in Streeterville, Rush University Medical Center on the Near West Side, or outpatient endoscopy centers in the suburbs, deserve prompt and thorough evaluation if they return with concerning symptoms. A failure to respond to those warning signs is not just poor medicine. It is potentially actionable negligence.
Illinois Laws That Govern Colonoscopy Perforation Malpractice Claims
Illinois has a specific legal framework governing medical malpractice claims, and understanding it is essential before pursuing a case. The primary statute is the Illinois Code of Civil Procedure, 735 ILCS 5/13-212, which sets the deadlines for filing a medical malpractice lawsuit.
Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew, or reasonably should have known, that your injury was caused by medical negligence. However, there is also a four-year statute of repose, meaning no claim can be filed more than four years after the date of the negligent act or omission, even if you discovered the connection to malpractice later. Missing either deadline can permanently bar your claim.
The discovery rule is especially important in colonoscopy perforation cases. A patient may not immediately connect their worsening abdominal pain, hospitalization, or emergency surgery to a doctor’s mistake during the procedure. The Illinois Supreme Court confirmed in Moon v. Rhode (2016 IL 119572) that the clock does not start running simply because an adverse outcome occurred. It starts when the patient has reason to connect the injury to negligent care.
Illinois law under 735 ILCS 5/2-1117 also addresses joint liability. When a defendant’s fault is determined to be 25% or greater of the total fault, that defendant is jointly and severally liable for all damages, including medical expenses. This matters in cases where multiple parties, such as the performing physician, the anesthesiologist, and the facility, all share responsibility for the harm.
Under 735 ILCS 5/2-1115, punitive damages are not available in medical malpractice cases in Illinois. However, you can still recover full compensatory damages, including past and future medical bills, lost wages, pain and suffering, and loss of normal life. If a perforation results in a patient’s death, the Illinois Wrongful Death Act, 740 ILCS 180, allows surviving family members to pursue a wrongful death claim.
Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps the total contingent fee at 33 1/3% of all sums recovered. This means you can hire a abogado de negligencias médicas on a contingency basis, paying no upfront legal fees, with the attorney’s fee coming only from any recovery obtained in your case. You should always confirm with your attorney whether you may be responsible for case costs or expenses separate from attorney fees.
What Compensation Can You Recover After a Colonoscopy Perforation in Chicago?
A colonoscopy perforation caused by negligence can lead to emergency surgery, extended hospitalization, a colostomy bag, infections, sepsis, and in the worst cases, death. The financial and personal toll on patients and families is enormous. Illinois law allows victims to pursue full compensation for all of these losses.
Economic damages in a colonoscopy perforation case typically include emergency surgery costs, hospital stays that can stretch for weeks, intensive care unit charges, follow-up procedures such as colostomy reversal, prescription medications, rehabilitation, and lost income during recovery. For patients who suffer permanent injuries, such as long-term bowel dysfunction or the need for a permanent colostomy, future medical costs and lost earning capacity are also recoverable.
Non-economic damages cover the human side of the loss. Pain and suffering, emotional distress, loss of normal life activities, and loss of consortium for a spouse or partner are all compensable under Illinois law. There is no statutory cap on these damages in Illinois medical malpractice cases, following the Illinois Supreme Court’s decision striking down prior damage caps.
If the perforation caused a death, the Illinois Wrongful Death Act, 740 ILCS 180, allows the surviving spouse, children, or next of kin to recover damages for grief, sorrow, mental suffering, and the loss of companionship and financial support. A abogado de negligencia médica can help surviving family members understand what claims are available and how to document their losses effectively.
Building a strong damages case requires gathering complete medical records from the colonoscopy facility, the emergency room, and all treating hospitals, as well as expert testimony from gastroenterologists and surgeons who can explain what the standard of care required and how the defendant fell short. The sooner this process begins, the better preserved the evidence will be. If you are in Chicago, the Daley Center at 50 W. Washington St. in the Loop is where Cook County civil cases are filed, and your attorney will need to be familiar with local court procedures and timelines.
Why Patients in Chicago Trust Briskman Briskman & Greenberg With These Cases
Colonoscopy perforation cases are among the most serious and complex medical malpractice claims. They require a thorough understanding of gastrointestinal medicine, surgical standards, and Illinois civil procedure. They also require the ability to retain credible medical experts, review thousands of pages of records, and present a clear story of negligence to a jury or in settlement negotiations.
Briskman Briskman & Greenberg has represented injured patients and families throughout Chicago and the surrounding suburbs for decades. The firm handles cases involving all types of medical negligence, from gastroenterology errors like colonoscopy perforation and endoscopy negligence to surgical complications, failure to diagnose serious conditions, and hospital errors. The firm serves clients throughout Cook County, DuPage County, Lake County, and beyond.
The firm works on a contingency fee basis, consistent with 735 ILCS 5/2-1114. You pay no attorney fees unless a recovery is obtained. You should ask about any potential responsibility for costs or expenses at your initial consultation. Every case is evaluated individually, and no outcome is guaranteed, because results depend on the specific facts and evidence in each situation.
If you or someone you love suffered a colonoscopy perforation at a Chicago hospital, a suburban endoscopy center, or anywhere in northern Illinois, do not wait to get answers. The deadlines under 735 ILCS 5/13-212 are strict, and delay can cost you your right to pursue a claim. Contact Briskman Briskman & Greenberg today at (312) 222-0010 for a free consultation. A abogado de negligencia médica will review your case, explain your rights under Illinois law, and help you decide on the best path forward. You can also reach the firm at 205 W. Randolph St., Suite 925, Chicago, IL 60606.
Patients from neighborhoods across Chicago, including Lincoln Park, Wicker Park, Hyde Park, and Pilsen, as well as those in suburbs like Naperville, Evanston, Schaumburg, and Joliet, have trusted Briskman Briskman & Greenberg to stand up for them when medical providers let them down. A abogado de negligencias médicas from our team is ready to fight for the compensation you deserve.
FAQs About Colonoscopy Perforation Medical Malpractice in Chicago
Is every colonoscopy perforation considered medical malpractice in Illinois?
No. Perforation is a recognized risk of colonoscopy, and it can occur even when a physician follows the accepted standard of care. Malpractice exists when the perforation was caused by a provider’s failure to meet the standard of care, such as using excessive force, failing to recognize dangerous anatomy, or failing to identify and treat the perforation promptly after it occurred. An attorney and a qualified medical expert must review the facts of your specific case to determine whether negligence was involved.
How long do I have to file a colonoscopy perforation malpractice claim in Illinois?
Under 735 ILCS 5/13-212, you generally have two years from the date you knew or reasonably should have known that your injury was connected to medical negligence. There is also a four-year statute of repose, which bars claims filed more than four years after the date of the negligent act, regardless of when you discovered the problem. Because these deadlines are strict and can be complicated by the discovery rule, you should consult with an attorney as soon as possible after a suspected perforation injury.
What damages can I recover in a colonoscopy perforation malpractice case in Illinois?
You can recover economic damages such as emergency surgery costs, hospital bills, lost wages, future medical expenses, and rehabilitation costs. You can also recover non-economic damages including pain and suffering, emotional distress, and loss of normal life. Illinois does not cap compensatory damages in medical malpractice cases. If the perforation caused a death, the Illinois Wrongful Death Act, 740 ILCS 180, allows surviving family members to pursue additional claims for grief, sorrow, and loss of companionship.
What is the certificate of merit requirement in Illinois medical malpractice cases?
Under the Healing Art Malpractice Act, 735 ILCS 5/2-622, any medical malpractice lawsuit filed in Illinois must be accompanied by an affidavit from the plaintiff’s attorney. This affidavit must state that a qualified health professional, who practices or has practiced in the same area of medicine within the last six years, has reviewed the case and determined there is a reasonable and meritorious basis for the claim. This requirement is designed to ensure that claims have a legitimate medical foundation before they proceed in court.
Can I sue the hospital as well as the doctor who performed my colonoscopy?
Yes, in many cases. Hospitals and outpatient endoscopy facilities can be held liable for negligent credentialing of physicians, inadequate staffing, failure to have proper post-procedure monitoring protocols, or the negligence of their employed staff. Under 735 ILCS 5/2-1117, when a defendant’s share of fault is 25% or greater, that defendant can be held jointly and severally liable for all damages. This means multiple parties can share responsibility for your injuries, and your attorney will investigate all potentially liable parties as part of building your case.
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