Patient Might Have A Lawsuit For Malpractice If Doctor Fails To Properly Detect Colon Cancer

Patient: "Doctor, I notice blood in my stool when I go to the bathroom."

Physician: "There is nothing to worry about and you probably merely have hemorrhoids."

Unfortunately, some time later this patient discovers that the bleeding was actually caused by a cancerous tumor in the colon. The individual now has advanced colon cancer that has progressed to the lymph nodes or even to a distant organ, like the liver or the lungs. What legal choices does the patient have in these circumstances?

Doctors generally recommend that if an individual notices rectal bleeding or blood in the stool, testing should be done to exclude the possibility of colon cancer. The test that is most commonly done is the colonoscopy, which involves the use of a flexible tube with a camera on the end to visualize the interior of the colon. If growths (polyps or tumors) are found, they can be biopsied and possibly taken out. The samples (biopsies) are then examined to see if they have cancer. If no cancer is found, then colon cancer can often be ruled out as a source of the blood. But, all too often, a person's physician will simply assume the blood is from hemorrhoids without referring the individual to a gastroenterologistand without conducting any testing, for example , a colonoscopy, to rule out cancer.

Colon cancer is a disease that progresses over time. As it advances it gets more difficult to treat successfully. For instance, when the disease is in stage 1 or stage 2, it is still contained inside the wall of the colon. Treatment for these stages normally involves surgery to remove the tumor and adjacent areas of the colon. Chemotherapy is often not used in the treatment of stage 1 and stage 2 except that it might be given to an individual who is young as a precautionary treatment. With surgery, the person with stage 1 or stage 2 has a good chance of still being alive at least five years after diagnosis. The relative 5-year survival rate is over ninety percent for stage I and seventy three percent for stage II.

By the time the cancer reaches stage 3, it has spread outside the colon. At this stage treatment requires both surgery and chemotherapy (perhaps with additional drugs as well). The relative 5-year survival rate for stage 3 is 53%. If it progress to stage 4, the relative 5-year survival rate is lowered to roughly eight percent. Treatments such as surgery, chemotherapy, radiation therapy, and other medications may or may not still be effective. When treatment is no longer effective, the disease is fatal. About forty eight thousand individuals will die from colon cancer this year alone.

It is thereby critical that the cancer be found as early as possible. However, all too frequently doctors merely assume that blood in the stool or rectal bleeding is the result of hemorrhoids, even after a number of reports by the person. Instead of referring the person to a specialist or performing tests, such as a colonoscopy, to rule out cancer, they convey to the person that there is nothing to fear.

In the event the person did have cancer and it is not diagnosed until later, it may progress to a stage 3 or a stage 4 . Now, it might be much more advanced than when the patient originally complained of rectal bleeding or blood in the stool. Hence, the patient now has a much reduced chance of survival. In such situations, the failure of a doctor to properly rule out cancer at the time of the patient's initial reports may constitute a departure from the accepted standard of medical care leading the patient to pursue a medical malpractice case.

Patient Might Have A Lawsuit For Malpractice If Doctor Fails To Properly Detect Colon Cancer

By: J. Hernandez

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