Visitor Question

Hospital used improperly cleaned colonoscopy scopes…

Submitted By: John (Erie, KS, USA)

My wife and I both had colonoscopy exams in May 2013 and early June 2013. We then received letters from the hospital that the “scope” had been improperly cleaned for 6 months, from Jan. 2013 until June 28, 2013, and were used during that time period on patients having HIV, Hep. B and Hep. C.

They gave us free blood tests, which both came back negative for those diseases, but we will have to be tested every 6 months for the rest of our lives because these diseases are not always caught at first exposure.

This has caused emotional stress and uncertainty in our lives.

We are living below poverty levels even though I am a business owner and installer of flooring materials.

Do we have a case against the hospital?

We have all correspondence from the hospital and don’t know how to proceed.

We would appreciate some sound information. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear John,

You certainly have very strong medical malpractice claims against the hospital and the doctor(s) who performed the colonoscopy exams. There is no excuse for performing colonoscopies with dirty scopes. Your cases will be based on the emotional distress you are presently enduring and will continue to endure into the foreseeable future.

Whatever you do, don’t speak with anyone representing the hospital or the doctors who performed the examinations. If you do it’s likely your conversations will be recorded. Anything you say can be used against you to diminish the seriousness of your claim, especially if you make statements implying you aren’t really worried or upset. DO NOT sign any documents.

Speak with several personal injuries immediately, or as soon as is reasonably possible. Most personal injury attorneys do not charge a fee for an initial office consultation. If one accepts your case(s) you won’t have to pay any legal fees until and unless the attorney settles the cases, or wins them at trial. If not, you’ll owe the attorney nothing.

You cannot proceed in such serious case(s) without an experienced attorney. Without an attorney you will be taken advantage of by the insurance companies.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 15, 2013

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