Deschutes County Circuit Court Judge Wells Ashby on Tuesday rejected St. Charles Health System’s motion to dismiss a lawsuit that alleges it failed to disinfect the machine used in a colonoscopy before a procedure.

According to Jennifer Coughlin, the attorney for the patient identified only as Jane Doe, St. Charles attorneys argued there wasn’t a physical impact on the patient and the case should therefore be dismissed. But the court on Tuesday disagreed and the case is set for trial on Dec. 6.

Coughlin said her client may choose to settle before the trial, but because she must get HIV and hepatitis tests every three months through September, they’ll wait to ensure she hasn’t been infected.

— Bulletin staff report