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Reply to "Medical malpractice for losing colon?"

I would suggest you discuss all of that with your attorney. Damages are both economic and non economic and for a jury to decide but must be proven to flow from the breach of the standard of care. My own personal opinion in living with a J Pouch for 28 years is that it saved my life. I have had a problematic pouch, chronic pouchitis, multiple pouch revision surgeries, huge costs of maintenance, but I have worked 28 years as a trial attorney, have had a good career and never missed time from work, don't regret it and don't see myself as damaged or a victim but as extremely lucky. I am lucky to have had good doctors and lucky to have had effective treatment for a difficult disease to treat. I don't see that as any damage but rather a reward, because my colon couldn't be saved. It's not clear to me that your colon would have been saved with proper treatment, and that is the tricky part in your case. You are correct- it comes down to a battle of experts in many cases, but I think your expert needs to establish that adherence to the standard of care would have saved your colon and to me that is highly speculative. Speculative testimony by experts is something that can be disallowed by the Court. I am not saying it will be, but this is what the defense will argue.  Even if the testimony is allowed, a jury is free to reject it as well when the other side presents evidence that it's speculative. This is how I would see it as a juror, but I am not going to be a juror in your case. I wish you the best with it. Perhaps you will win, but I think it will be an uphill battle.

Last edited by CTBarrister
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