More details to this question:
I went in 100% healthy for a routine colonoscopy, an every 5 year practice. I made an appointment was given a time to show up with no preparatory COVID test required, I was 100% compliant with the prep protocols, had the colonoscopy, and was quickly invited to exit while coughing up fluids, throwing up, went home, had the rigors within an hour, spiked a temp, struggled for breath, and was told (when spouse called the on-call gastro practice MD), to go to the ER in two hours if things did not improve. 1.5 hours later I asked spouse to take me to the ER struggling to breathe. That began a 20 some hour ER visit, many tests, constant IV drips of multiple antibiotics and an admission for Aspiration induced pneumonia. I am still recovering but still not 100%. My concern is that the gastro folks and anesthesiologist knew I aspirated, and yet I was still quickly sent home, and I was provided no notice of that or what to look out for ahead.
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It sounds pretty negligent to me, but only a medical professional can verify whether it was a violation of the normal standard of care in these situations. If you can find another doctor to say that what they did was negligent then you've got a case. A lawyer cannot make that determination. You will need a medical expert's verification before any lawsuit could be served in Virginia. However, what most lawyers are looking for in order to consider taking such a case on contingency is what your long-term injury is and/or what the total medical expenses were that were caused by the negligence. If it did not cost that much and you are all better now then a lawyer will probably not be interested, as your case may not be worth much. But if you have significant bills and/or long-term damage then a lawyer could probably help you bring a lawsuit, if you have the expert verification of negligence.
Answered on Nov 05th, 2020 at 11:04 AM