Colon Cancer

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CASE: Medical negligence—Delayed diagnosis of colon cancer.

FACTS: 39-year-old Plaintiff was referred to Defendant Provider for evaluation of weeks of intermittent rectal bleeding and recent diarrhea. At the time the defendant saw the plaintiff her diarrhea had resolved, but the rectal bleeding continued. The defendant failed to perform a visual exam, a rectal exam, or order any testing. Defendant concluded (without evidence) that the bleeding was due to internal hemorrhoids. Defendant did not order either a colonoscopy or a sigmoidoscopy, nor did he offer the plaintiff an opportunity to participate in the decision as to whether to undergo such testing.

Unfortunately, the plaintiff had colon cancer at the time of her examination by the defendant. Following continued symptoms a colonoscopy was ordered and took place seventeen months later, which led to a diagnosis of stage IV colon cancer.

DEFENSE: Denial of a breach of the standard of care and causation. Specifically, the defendant argued that the standard of care did not require further examination or testing given the plaintiff’s age and the fact that she had undergone a colonoscopy 4 years and 7 months earlier. Defense also alleged that the plaintiff was comparatively at fault for failing to make an earlier report of continued rectal bleeding. Finally, the defense argued that even if diagnosed at around the time of the visit with the defendant, the cancer was incurable.

INJURIES: The plaintiff is alive at 43 years of age, but her cancer is incurable and her life expectancy is very limited. Loss of consortium was also claimed—she and her husband have a strong marriage with two teenage sons.

SPECIAL DAMAGES: Substantial medical expenses and lost earning capacity.

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis and Kimberly Kirkland (Reis & Kirkland, PLLC)

CASE/COUNTY: Anonymous v. Anonymous