Compensation for intestinal perforation

Doctor has to pay compensation for intestinal perforation to patients

09/10/2013

A resident surgeon from Bielefeld has to pay € 220,000 in compensation plus damages to a patient, as he suffered intestinal perforation (intestinal perforation) with severe consequences in a colonoscopy. The court justified its judgment with the insufficient, insufficient information of the patient by the doctor about possible risks and consequences of the intervention.

Patient with intestinal perforation receives 220,000 euros compensation
After a 48-year-old man was referred by his family doctor to the surgeon because of bleeding during bowel movements, a colonoscopy was performed on the patient in which polyps were removed. Nine days after the procedure, however, serious complications arose and the man had to undergo emergency surgery and intensive care over several months. He suffered, among other things in the episode of peritonitis. The complications meant that the man is now prematurely and 100 percent severely disabled. The patient had to create an artificial bowel outlet.

Since the man informed the resident surgeon by his own admission shortly after the procedure about his complaints, but this did not initiate the necessary treatment, submitted the 48-year-old complaint to the Higher Regional Court Hamm (OLG). The surgeon denied the call of his patient. However, according to the judges, the question of whether the patient actually phoned his doctor and informed him of his symptoms is not the decisive factor. Rather, the man's complaint was granted because he was not adequately informed by his doctor about the risks and consequences of the colonoscopy, the judge's judgment. The consent form signed by the 48-year-old before the procedure did not indicate the rare but very serious complication of intestinal perforation.

„Handing out and signing forms and leaflets does not replace the necessary informational discussion and, even more, it can not be inferred that the patient has been informed of a risk not expressly mentioned, "the judges ruled (file reference: 26 U 85/12) Man had been able to make convincing in court that he would not have had the procedure easily if he had known about the risk.

Intestinal breakthrough is life threatening
Intestinal perforation is a life-threatening medical emergency that requires immediate treatment. In any case, an operation must be performed in which the open place in the intestine is closed. If intestinal contents have already reached the abdomen, life-threatening infections can occur. Affected patients receive antibiotic therapy to kill dangerous germs. (Ag)

Picture: GG-Berlin