Doctor To Pay $2,500,000 To Family Of Woman Who Died Of Metastatic Colon Cancer Caused By Diagnosis Delay


Less than 1% of those diagnosed with colon cancer are younger than thirty-five. But, because of the fact that colon cancer can be fatal physicians generally concur that rectal bleeding, even in an individual below thirty-five, needs to be followed by a colonoscopy to establish the source of the bleeding Simply assuming that the blood is from hemorrhoids may constitute malpractice.

Consider what occurred in a documented claim concerning a woman who told her primary care physician that she saw blood in her stool and experienced pain during bowel movements. The woman was only twenty four years old. The physician, justwithout even performing an examination, told her to take a laxative after diagnosing her with diarrhea and other bowel problems. The woman returned four months later claiming she had constipation, pain and problems sitting. On this occasion the doctor at last examined her but told her she had hemorrhoids. The doctor recommended an enema. The woman went back to the doctor on two additional occasions and each time was reassured that she only had hemorrhoids and she had nothing to worry about.

She had to be hurried to an emergency room because of severe pain 7 months after her initial visit to her primary care physician. They set her up for a colonoscopy and was found to have advanced colorectal cancer. The woman underwent surgery (which because of the advanced nature of the cancer included not only removal of a portion of her colon, it also required removal of her uterus and a portion of the lower intestines). This was followed by chemotherapy. She eventually had a recurrence and died of the disease less than three years later. She was survived by her husband and daughter, a minor.

The law firm that represented the family reported that a jury returned a verdict of $2,500,000. The verdict included $350,000 the most allowed for pain and suffering by the law of the State where the physician practices. The remainder of the amount was for future lost wages. This lawsuit is just one example of what could be the most common medical error concerning a delay in the diagnosis of colon cancer.

Too often doctors do not perform a colonoscopy or refer the patient to a gastroenterologist when a individual complains of rectal bleeding or blood in the stool. Rather, these doctors just assume that the blood is the result of hemorrhoids. This is particularly common if the patient is less than fifty.

If a situation like the one described above occurs and the individual dies because the cancer spread to where it was no longer curable due to the delay in diagnosis the surviving family may be able to bring a claim against the physician responsible for the delay.