Family And Physicians Reach Settlement Over Mistake Responsible For Wrongful Death Of Forty Six Year

While a colonoscopy is generally suggested as a screening tool for colorectal cancer

for people who are fifty years old and older, physicians usually agree that a patients complaints of rectal bleeding warrant ordering a colonoscopy irrespective of the age of the patient. Even if a colonoscopy or a sigmoidoscopy is performed, however, if poor preparation or an obstruction prevent the doctor to fully explore the area, doctors generally suggestedthat the procedure ought to be done again. Below we analyze a wrongful death case in which these two practices were ignored by treating doctors.

In this example, a woman complained to her physician that she was having constipation and detected rectal bleeding throughout a 5 week period. This continued for another month. She was forty six years old at the time. Now the family doctor scheduled her for a consultation with a gastroenterologist to do a sigmoidoscopy to check for the reason for the bleeding and constipation. Yet, the gastroenterologist only did a sigmoidoscopy instead of a colonoscopy. A sigmoidoscopy just permits the physician examine up to 40 cm from the anus. Although the sigmoidoscopy only permits examination of a limited part of the colon, the physician noted that the proceedure was not completed and that it had not been possible to examine the full length even of the sigmoid. Despite the poor visualization, the gastroenterologist did not recommend that the test be done again so as to properly examine the sigmoid.

Five months later, the woman again saw her primary care physician for a yearly physical. She again told the doctor that she was suffering from constipation. The next year, for the third time she told her physician that she was having constipation. A brief time after one visit the physician recorded that the patients daughter spoke to the physician about her and the physician suggested she eat more fiber for irritable bowel syndrome. The doctor also said to the patients daughter that he would think about obtaining a colonoscopy at a later date.

At the end of the year, she once more informed her doctor that she was still having issues with constipation. The doctor suggested she take lactulose and return in a month. When she returned as suggested, the doctor documented that a physical examination revealed tenderness in the lower left quadrant and that he could feel a structure consistent with stool in her colon. Finally, the doctor had her thyroid checked and documented his believe that a colonoscopy might be required.

Roughly 2 weeks later, the woman ended up in the emergency room when she developed pain and vomiting while prepping for a colonoscopy. The emergency room doctor determined that she had a distended abdomen and hyperactive bowel sounds. in addition, the woman had abdominal tenderness, mostly on the lower left. Due to these symptoms the hospital doctor ordered a CT scan. The scan showed a mass in the sigmoid with metastasis. Two weeks later the patient had surgery to take out the 4.2 cm mass. The surgeon determined that her cancer had spread throughout numerous organs. She began chemotherapy for advanced colorectal cancer. She passed away a bit over 4 months following her surgery.

Her family filed a wrongful death lawsuit against the family doctor and the gastroenterologist. The law firm that represented the family achieved a settlement for $2,000,000. The law limits the time you have to file a legal claim so if a family member died of stage 4 cancer and you think it was due to you should consult with a lawyer without delay to determine whether you may have a valid claim.

by: Joseph Hernandez

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