Did an Olympus colonoscope cause you harm during a colonoscopy?

Did an Olympus colonoscope cause you harm during a colonoscopy?

Tagline: When a routine procedure leaves you with unexpected pain, infection, or injury, you deserve a clear explanation of what happened and why.
Colonoscopies save lives. Doctors use them to detect bowel cancer, polyps, and other serious conditions early. Olympus manufactures the colonoscopes — the flexible camera instruments — that Australian hospitals and clinics use most often. Most procedures go smoothly. But when something goes wrong, patients are often left with no explanation. Some develop serious infections. Others suffer perforations. A smaller number discover, much later, that the scope used on them had not been properly cleaned. This article explains what colonoscopes are, how they should be used and maintained, what can go wrong, and what your options are if you were harmed.
What Should Happen: The Correct Process for a Safe Colonoscopy with a Reusable Scope
STEP 1

Patient screened and informed consent obtained before the procedure

STEP 2

Colonoscope fully reprocessed and sterilised after previous use

STEP 3

Scope inspected for damage or defects before insertion

STEP 4

Procedure performed with appropriate skill and monitoring

STEP 5

Patient monitored post-procedure and given clear aftercare instructions

If any of these steps was skipped or done poorly, the gap in care may explain the harm you experienced — whether that was an infection, a perforation, or an unexplained illness after the procedure.

Understanding colonoscopes: what they are and what normally happens

A colonoscope is a long, thin, flexible tube with a tiny camera at one end. A gastroenterologist — a specialist in digestive health — guides it through the large bowel to look for abnormalities. Olympus is the world’s largest manufacturer of endoscopes, and its colonoscopes are the most widely used in Australian hospitals and private clinics.

Most colonoscopies take between 20 and 45 minutes. The patient receives sedation, and the doctor examines the lining of the bowel in real time on a monitor. If the doctor spots a polyp — a small growth — they can remove it during the same procedure. Detecting polyps early is one of the main reasons colonoscopies reduce bowel cancer deaths.

How reusable scopes are cleaned between patients

Olympus colonoscopes are reusable instruments. After each procedure, trained staff must clean, disinfect, and sterilise the scope before it goes anywhere near another patient. This process is called reprocessing. Proper reprocessing involves manual cleaning, high-level disinfection using a chemical solution, rinsing, drying, and storage in a way that prevents recontamination.

Reprocessing is not simple. Colonoscopes have narrow internal channels — tubes within the tube — that carry water, air, and suction. Bacteria and tissue can lodge inside these channels. If staff do not clean every channel thoroughly, pathogens can survive and transfer to the next patient. For more general information about colonoscopies and bowel health, visit Healthdirect Australia.

Key fact: Olympus colonoscopes are the most commonly used flexible endoscopes in Australian hospitals and day procedure centres.

Key fact: Reusable colonoscopes must pass through a multi-step reprocessing cycle between every patient — skipping or shortcutting any step creates infection risk.

Key fact: Colonoscope-related infections are often not detected for days or weeks after the procedure, making it hard for patients to connect their illness to the scope.

Key fact: Australian health authorities have issued multiple alerts about endoscope reprocessing failures at hospitals across the country.

When things start to go wrong

Most patients who have a colonoscopy feel some bloating and mild cramping for a few hours afterwards. That is normal. But certain symptoms after a colonoscopy are not normal, and they deserve prompt attention.

Warning signs that should prompt urgent medical review after a colonoscopy:

• Severe abdominal pain that worsens rather than eases in the hours after the procedure

• Fever above 38°C in the days following the procedure

• Rectal bleeding that is heavy or does not stop within 24 hours

• Nausea, vomiting, or inability to pass wind or stool

• Signs of infection — chills, sweats, rapid heart rate — appearing days or weeks later

• An unexplained illness, particularly a bloodstream infection, in the weeks after the procedure

• A diagnosis of a bacterial infection — such as Pseudomonas or Klebsiella — with no other obvious source

Perforation — a tear in the bowel wall — is the most immediately dangerous complication. A perforated bowel requires emergency surgery. Infection from a poorly reprocessed scope may take longer to appear, but it can be just as serious. Some patients develop sepsis — a life-threatening response to infection — without ever connecting it to their colonoscopy.

If you experienced any of these symptoms and nobody investigated whether the colonoscope was the source, that gap matters.

A common pattern — where care can break down

Harm from colonoscopes tends to fall into two broad categories: harm caused during the procedure itself, and harm caused by a contaminated or defective scope. Both are preventable. Both have occurred in Australian healthcare settings.

Reprocessing failures

Inadequate cleaning between patients. Staff may skip steps in the reprocessing protocol, use incorrect chemical concentrations, or fail to flush all internal channels. Olympus scopes have complex internal architecture. Even one missed channel can harbour bacteria that transfers to the next patient.

Failure to follow manufacturer instructions. Olympus provides detailed reprocessing guidelines for each scope model. Hospitals that deviate from those instructions — or use incompatible reprocessing equipment — create risk. Several Australian hospitals have notified patients of potential exposure after discovering their reprocessing procedures did not meet the required standard.

Scope damage not identified before use. A colonoscope with a crack, a worn seal, or a damaged channel cannot be properly cleaned. Facilities should inspect scopes before each use and remove damaged instruments from service. When staff skip this check, a defective scope reaches the next patient.

Procedural failures

Perforation during insertion or removal. A colonoscope must be guided carefully through the curves of the large bowel. Excessive force, poor technique, or failure to recognise resistance can tear the bowel wall. Some perforations are unavoidable complications of a technically difficult procedure. Others result from poor technique that a competent clinician would not have used.

Failure to recognise and act on a perforation. When a perforation occurs, the clinical team must identify it quickly and act. Delayed recognition — sending a patient home without checking for signs of perforation — turns a manageable complication into a life-threatening emergency.

Inadequate post-procedure monitoring. Patients should not be discharged without a clear explanation of what symptoms to watch for and what to do if those symptoms appear. Sending a patient home with no aftercare instructions, or dismissing their post-procedure pain without investigation, is a failure of care.

The Australian Commission on Safety and Quality in Health Care has published national standards for endoscope reprocessing. Facilities that do not meet those standards put patients at risk.

Expected / acceptable after a colonoscopy

Mild bloating and cramping for a few hours

Small amount of rectal bleeding if a polyp was removed

Fatigue from sedation on the day of the procedure

Soreness that resolves within 24 hours

Red flag / concerning after a colonoscopy

Severe or worsening abdominal pain beyond a few hours

Fever, chills, or signs of systemic infection in the days after

Heavy or ongoing rectal bleeding

A new bacterial infection with no other identified source

Why this matters legally

Every clinician and every healthcare facility that treats patients owes those patients a duty of care. That phrase — duty of care — means a legal obligation to provide treatment that meets the standard a competent professional in the same field would have provided. When a facility or clinician falls below that standard and causes harm, the law may treat that as negligence.

Negligence, in plain terms, means a failure to take reasonable care that causes someone harm they would not otherwise have suffered. Not every complication after a colonoscopy is negligence. Bowel perforations can occur even when a skilled clinician does everything correctly. Infections can arise from sources other than the scope. The law does not expect perfection — it expects reasonable, competent care.

But when a facility fails to follow established reprocessing protocols, uses a damaged scope, ignores a patient’s post-procedure symptoms, or discharges a patient without adequate aftercare instructions, the question of whether that failure caused harm becomes a serious one. For a broader overview of how medical negligence works in Australia, visit Reframe Legal — Medical Negligence.

When Does a Care Failure Become Legal Negligence? — The Three Elements
1. Duty of Care
The hospital or clinician owed you a duty to perform the colonoscopy safely and to maintain the Olympus scope to the required standard

2. Breach
The care fell below the standard a competent facility or clinician would have met — for example, by failing to reprocess the scope correctly or by ignoring post-procedure warning signs

3. Causation
The breach caused the harm — the infection, perforation, or delayed treatment — that would not have occurred with proper care

NOT necessarily negligence

A bowel perforation that occurred despite correct technique during a technically difficult colonoscopy in a patient with adhesions or prior surgery

MAY BE negligence

A patient developing a serious bacterial infection after a colonoscopy at a facility that had deviated from Olympus reprocessing protocols, and whose symptoms were then dismissed without investigation

This is a general educational framework only. Each case is assessed on its individual facts.

When an Olympus colonoscope procedure may amount to medical negligence

The NSW Civil Liability Act 2002 is the main law that governs personal injury claims in New South Wales, including claims arising from medical procedures. In plain terms, it sets out the rules for when a person can seek compensation for harm caused by someone else’s failure to take reasonable care.

Several specific scenarios involving Olympus colonoscopes may give rise to a negligence claim.

If the facility failed to follow Olympus reprocessing guidelines and you developed an infection after the procedure, the connection between the reprocessing failure and your illness may support a claim. Facilities have a clear obligation to follow the manufacturer’s instructions for cleaning and sterilising reusable scopes.

If a damaged or defective scope was used on you — one that staff should have identified and removed from service — and that scope caused harm, the facility’s failure to inspect equipment before use may be the relevant failure.

If the clinician perforated your bowel through poor technique and the perforation was not recognised promptly, the delay in treatment may have caused harm that earlier action would have prevented. The perforation itself may or may not be negligent — the delayed response often is.

If you were discharged without adequate aftercare information and later developed a serious complication that earlier intervention would have prevented, the failure to properly inform you of warning signs may be relevant.

If you received a notification letter from a hospital advising that you may have been exposed to an inadequately reprocessed scope, that letter is significant. It does not automatically mean you were harmed, but it does confirm the facility identified a failure in its own processes.

When harm becomes long-term or permanent

For many patients, the harm from a colonoscopy complication resolves within weeks. But for others, the consequences are lasting and serious.

Physical consequences

A bowel perforation that goes unrecognised for hours can lead to peritonitis — a dangerous infection of the abdominal cavity. Surgery to repair the perforation may result in a temporary or permanent colostomy, where the bowel is redirected through an opening in the abdomen. Some patients live with a colostomy bag for the rest of their lives as a direct result of a delayed response to a perforation.

Infections from contaminated scopes can cause sepsis, organ damage, and prolonged hospitalisation. Certain bacteria — including drug-resistant strains — are particularly dangerous and difficult to treat. Patients who survive serious infections may experience fatigue, cognitive changes, and reduced immune function for months or years.

Psychological consequences

Patients who develop serious complications after what they expected to be a routine procedure often experience significant psychological distress. Many describe a loss of trust in medical settings. Some develop anxiety about future procedures they genuinely need. Others carry the burden of not knowing whether the harm they suffered was preventable — and that uncertainty itself causes ongoing distress.

Financial consequences

Extended hospitalisation, additional surgeries, ongoing specialist care, and time away from work all carry financial costs. Patients who develop permanent disabilities — including those requiring ongoing stoma care — face lifetime costs that can be substantial. Family members who provide care also bear an economic burden that is rarely acknowledged.

Questions to ask yourself
These are not legal questions. They are prompts to help you think clearly about what happened.
?
Did you develop a fever, infection, or severe pain in the days or weeks after your colonoscopy — and did anyone investigate whether the scope was the source?

?
Did you receive a letter from a hospital or clinic advising that the scope used on you may not have been properly reprocessed?

?
Were your post-procedure symptoms dismissed or attributed to something else without a proper examination?

?
Did a complication — such as a perforation — go unrecognised for a period of time, and did that delay make your outcome worse?

?
Were you discharged without being told what symptoms to watch for, or without a clear plan if something went wrong?

If several of these resonate with your experience, the circumstances may be worth examining more carefully.

What compensation can cover in colonoscope injury cases

In NSW, compensation for medical negligence can cover a range of losses. Courts and insurers consider the nature and severity of the harm, the impact on the person’s life and work, and the cost of ongoing care and treatment.

Compensation typically covers pain and suffering, lost income (past and future), the cost of medical treatment and rehabilitation, the cost of care provided by family members, and any aids or modifications needed because of a permanent disability.

Level of harm Typical compensation range
Moderate injury $50,000–$150,000
Serious injury $150,000–$500,000
Severe / life-changing injury $500,000+

Each case is assessed on its own facts. These figures are general ranges only. A patient who developed a serious infection requiring prolonged hospitalisation and who lost months of income will have a very different claim to someone who experienced a perforation that was identified and repaired promptly.

Time limits apply in NSW. Generally, a person has three years from the date they knew — or ought reasonably to have known — that they suffered harm as a result of a care failure. For some patients, particularly those who received a notification letter years after their procedure, the clock may start later. Seeking legal advice sooner rather than later protects your options.

Bringing it together — do the pieces fit?

Understanding what happened to you is the first step. The second step is working out whether what happened was within the range of acceptable outcomes — or whether a specific failure caused your harm.

Three questions help organise the facts. First: what did the clinical team do, and what should they have done? Second: was there a gap between those two things? Third: did that gap cause the harm you experienced, or would the same harm have occurred regardless?

These questions are not always easy to answer without expert input. A medical expert — usually a gastroenterologist or infection control specialist — reviews the records and gives an opinion on whether the care met the required standard. That expert opinion is central to any legal assessment.

For a detailed explanation of how this process works in NSW, visit Reframe Legal — How Medical Negligence Claims Work in NSW.

You don’t need certainty to understand your position

Many people who contact a lawyer about a colonoscopy complication are not certain anything went wrong. They feel unwell. They have questions nobody has answered. They received a notification letter and do not know what it means for them. That uncertainty is completely normal — and it is not a barrier to getting a clear picture of where you stand.

Legal clarity does not require you to already know the answer. It comes from examining the facts — the records, the reprocessing logs, the clinical notes, the timeline of your symptoms — and comparing them against what the standard of care required. That examination either reveals a gap or it does not. Either outcome gives you something real to work with.

If your concern involves whether you were properly informed about the risks of the procedure before it took place, that raises a separate but related question about informed consent. For more on that, visit Reframe Legal — Informed Consent and Medical Negligence.

If you want to understand the regulatory framework for the clinician or facility involved, AHPRA — Australian Health Practitioner Regulation Agency oversees the registration and conduct of health practitioners across Australia. Complaints about a practitioner’s conduct can be made through AHPRA separately from any legal claim.

About the lawyer behind this article

Dr Rosemary Listing — Medical Negligence Lawyer

Dr Rosemary Listing is a NSW lawyer with a PhD in medical negligence. Her academic and legal work focuses on the gap between what patients are owed and what they actually receive — and on helping people understand where that gap occurred in their own care.

Rosemary has worked on cases involving colonoscopy complications, including infections linked to inadequate scope reprocessing, perforations that went unrecognised, and patients who received notification letters from hospitals years after their procedures. She understands both the clinical detail of how these instruments work and the legal framework that governs the obligations of facilities and clinicians.

In her experience, the harm in colonoscope cases often comes not from the procedure itself, but from what happened — or did not happen — before and after. A scope that was not properly cleaned. A symptom that was dismissed. A patient sent home without the information they needed to recognise a serious complication.

Most people who reach out to Rosemary are not looking to blame anyone. They want to understand what happened to them and whether it should have happened at all. That is a reasonable thing to want to know.

Rosemary’s role is to examine the facts carefully, obtain expert clinical opinion where needed, and give an honest assessment of whether the care provided met the standard that was owed. That assessment is the foundation of everything that follows.

This article is general legal information only. It does not constitute legal advice. Each person’s circumstances are different. The law discussed applies to New South Wales, Australia. Time limits apply to legal claims.

Contact Dr Rosemary Listing At Peter Evans & Associates

Related articles

Contact Dr Rosemary Listing At Peter Evans & Associates

Whether it is a medical injury, a contract dispute, or a workplace issue, uncertainty can be exhausting. You should not have to guess where you stand. You need clarity, fast.

Along with her team at Peter Evans & Associates, she will help you understand:

Contact Peter Evans & Associates

Send an enquiry

Prefer to reach out directly? Complete the form below, and we’ll respond as soon as we can.

All enquiries go to Dr Rosemary Listing at Peter Evans & Associates.