Less than 1% of those diagnosed with colon cancer are younger than thirty-five. Yet, given the fact that colon cancer can be fatal doctors typically acknowledge that the presence of rectal bleeding, even in an individual below thirty-five, has to be followed by a colonoscopy to figure out whether the bleeding is due to cancer.. Just supposing that the blood is caused by hemorrhoids may constitute malpractice.
Consider what happened in a documented lawsuit involving a woman who complained to her primary care physician that she saw blood in her stool and felt pain during bowel movements. She was just twenty four years old. The doctor, justwithout even conducting an examination, prescribed a laxative after deciding that she had diarrhea and other bowel problems. She returned four months later with complaints of constipation, pain and problems sitting. Now the physician at last examined her but told her she had hemorrhoids. His treatment: an enema. She saw that physician on two additional occasions and each time was told she only had hemorrhoids and she had nothing to worry about.
The woman had to be hurried to an emergency room because of extreme pain seven months after her initial trip to her primary care physician. They scheduled a colonoscopy and was found to have advanced colorectal cancer. She had surgery (which due to the how far the cancer had advanced required not only taking out a portion of her colon but also of her uterus and a portion of the lower intestines). The surgery was later followed by chemotherapy. The cancer returned and the woman died in less than three years. Her husband and minor daughter survived her.
The law firm that represented the family reported that the matter went to trail and the jury returned a verdict of $2.5 million. The sum included the maximum of $350,000 allowed for pain and suffering under the law of the State where the physician practices. The rest of the award was for future lost wages. This lawsuit shows what may be the most common medical error concerning a delay in the diagnosis of colon cancer.
When a situation such as the one described above happens and the person passes away for the reason that the cancer progressed to where it was no longer curable as a consequence of the delay in diagnosis the surviving family might be able to bring a claim against the physician responsible for the delay.
Joseph Hernandez is an Attorney accepting medical malpractice cases and wrongful death cases. You can learn more about cases involving
cancer cases and how a
cancer lawyer may be able to assist you by visiting the website
