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Can I sue my doctor for dilating a stricture without my permission?

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Posted 1/21/2021 12:34 PM (GMT 0)
This doctor extorted me into getting a colonoscopy i did not want to get before he would allow me to switch drugs. Then, even though I have active inflammation and i repeatedly told him not to go in if you can't get it in, he dilated my rectal stricture in order to force the camera in.

He never asked my permission. He never came to me beforehand and said "hey, is it ok if i dilate the stricture to get further into your colon?" I WOULD HAVE SAID NO.

Now, exactly why i didn't want to have my stricture dilated, I cannot poop anymore. He took a bad situation and made it a lot worse. I cannot relieve myself at all now. I am uncomfortable the entire day because i can't empty my bowels because my stricture has swelled up to the point where hardly anything can pass through. And i am now soiling myself at night. I am incontinent now when i sleep at night. This has infuriated me because i specifically told him not to force it in if he can't get in and its like he completely forgot what i told him. I knew exactly what was going to happen when he told me what he did after the procedure.

Post Edited (Poppysocks) : 1/21/2021 5:37:57 AM (GMT-7)

Posted 1/21/2021 3:21 PM (GMT 0)
This is a tough one. I am not an attorney. So you can take what I said with a grain of salt.

First of all, you have to demonstrate or prove that he did not follow the standard medical procedure or involve negligence on his part. In addition, you could have signed tons of medical waivers to make it difficult to sue.

The biggest risk of dilation is bowel perforation or bleeding. It is hard to think dilation itself would worsen inflammation. It is more likely that the harsh chemicals you took to prepare/cleanse your bowel really worsened the inflammation. That happened to me.

Did you check his past malpractice claim history?
Posted 1/21/2021 7:26 PM (GMT 0)
EruditePaul,


Thanks for the detailed response. I am very frustrated about this so its partially me just venting. But I am unsure of how to check his past claims. He is young, about 38 years old so i don't think he's had much time to screw up.

He also basically admitted that the only way it gets worse is if you have active inflammation. Well, I have active inflammation. Its just frustrating he dilated it when i was already in poor shape. Now i am in very bad shape and always uncomfortable.

But going through a lawsuit would probably zap me if energy I simply don't have at this point.
Posted 1/21/2021 11:51 PM (GMT 0)
No expert here, and I'm in Canada, so unfamiliar with medical/surgical procedures in the U.S. Outside of a diagnostic, I would think that dilation being a procedure would require a waiver to be signed by you before hand. I think you would need to have a consult with a lawyer though to find out if your Dr. acted outside the line of acceptability.

Is there any chance though that this procedure could be of any help to you as thing settle down a bit in the coming days or weeks?

Really hope things improve for you soon. Keep us posted.
Posted 1/22/2021 2:54 PM (GMT 0)

73monte said...
No expert here, and I'm in Canada, so unfamiliar with medical/surgical procedures in the U.S. Outside of a diagnostic, I would think that dilation being a procedure would require a waiver to be signed by you before hand. I think you would need to have a consult with a lawyer though to find out if your Dr. acted outside the line of acceptability.

Is there any chance though that this procedure could be of any help to you as thing settle down a bit in the coming days or weeks?

Really hope things improve for you soon. Keep us posted.


I don't think the procedure will be of any benefit. The best I can hope for is for things to settle down to what they were before I had the procedure. In theory, it makes sense that this would happen as long as I don't do anything to encourage more inflammation. But it's been a few weeks now and things aren't getting better.
Posted 1/25/2021 2:38 AM (GMT 0)
Poppy Socks, you can check out a dr by going to your state's medical board's website. Another good source is HealthGrades & RateMDS. In my state HealthGrades will show if a dr has ever had any type of a claim, however, not all states allow this. Regardless, you can check out your state board.

I hope things calm down for you soon, if not you may need to discuss getting some rectal meds for a short time.
Posted 1/26/2021 11:58 AM (GMT 0)

straydog said...
Poppy Socks, you can check out a dr by going to your state's medical board's website. Another good source is HealthGrades & RateMDS. In my state HealthGrades will show if a dr has ever had any type of a claim, however, not all states allow this. Regardless, you can check out your state board.

I hope things calm down for you soon, if not you may need to discuss getting some rectal meds for a short time.


Thank you for these website recommendations. I've already started using them.
Posted 2/1/2021 10:06 AM (GMT 0)
I’m sorry this has happened to you Poppysocks. There’s nothing worse than making you feel like you don’t even have the rights to your own body anymore. Would it be possible for you to start a short course of steroids to get the inflammation down and then you may actually get a benefit from the dilation?
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