Jury sides with gastroenterologist in malpractice case

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A Virginia jury ruled in favor of a gastroenterologist accused of medical malpractice after a patient suffered a colon perforation during a 2019 screening colonoscopy, according to a recent blog post by defense attorneys Michael Olszewski and Brian Han.

What happened?

  • The plaintiff claimed the use of a “hot” snare to remove a 5mm polyp violated the standard of care, citing recent research supporting “cold” snaring as safer. 
  • He sought $5 million in damages after undergoing multiple surgeries and alleging lasting physical and emotional harm.
  • The defense argued hot snaring remained standard in 2019. After a five-day trial, the jury returned a unanimous verdict for the defense on Jan. 28.
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