Colonoscopy procedure for diagnostic purposes

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Question 

A patient is seen by a gastroenterologist, and it is recommended that the patient undergo a colonoscopy procedure for diagnostic purposes. The physician reviews the risks of having the procedure performed and the consequences of not having the procedure performed with the patient. The patient signs an informed consent form. Before the procedure, the medical assistant reviews the preparation instructions with the patient. In the instructions, it is clearly noted that the patient should stop taking any medication that may cause bleeding problems, such as aspirin, at least 7 days before the surgery. However, the patient continues to take a single 81-mg dose of aspirin each evening.

On the day of the procedure, both the medical assistant and the gastroenterologist review the preparation instructions with the patient, with the patient confirming that he followed all of them. Several days later, the patient complains of bleeding and must be hospitalized. The patient files a lawsuit against the gastroenterologist.

1. Who is responsible in this case?

2. What kind of defense(s) could the gastroenterologist use against this lawsuit?

Reference no: EM133914806

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