Physician Risks Lawsuit By Not Acting According To Colon Cancer Screening Guidelines

Colon cancer is the second major source of deaths due to cancer

. Every year, approximately forty eight thousand individuals will pass away because of colon cancer. Many of these deaths would be prevented with early diagnosis and treatment by routine colon cancer testing in advance of when symptoms develop.

When the disease is located while it is still a small polyp while undergoing a regularly scheduled screening test, like a colonoscopy, the polyp can usually be taken out during the procedure without the need for the surgical removal of any portion of the colon. Once the polyp grows to the point where it turns cancerous and gets to Stage I or Stage II, the tumor and a portion of the colon on each side is surgical removed. The relative 5-year survival rate is over ninety percent for Stage 1 and 73% for Stage II.

In case the cancer advances to a Stage III, surgery is not enough and the person also needs to undergo chemotherapy. At this stage the chances that the individual will outlive the cancer by at least five years falls to fifty three percent, depending on such variables as the number of lymph nodes that have cancer.

Once the colon cancer reaches Stage IV, treatment may necessitate chemotherapy and perhaps additional drugs and even surgery on various organs. In case the dimensions and number of tumors in other organs (for example, the liver and lungs) are small enough, surgery on these organs may be the initial treatment, followed by chemotherapy. Sometimes the size or number of tumors in the other organs eliminates the option of surgery as part of the treatment.

If chemotherapy and different drugs can reduce the number and size of these tumors, surgery may then become an option as the follow up treatment. If not, chemotherapy and different drugs (possibly from clinical trials) may temporarily halt or reduce the continued spread of the cancer. With metastasis the person's likelihood of surviving the cancer for more than 5 years after diagnosis drops to around eight percent.

As the relative 5-year survival rates show, the time frame wherein the colon cancer is diagnosed and treated makes a significant difference. If found and treated early, the patient has an excellent chance of outliving the disease. When detection and treatment is delayed, the chances start turning against the individual so that if the cancer reaches Stage III, the probability is nearly even. Further the likelihood drops greatly when the cancer gets to Stage IV.

However, all too often doctors fail to suggest routine cancer testing to their patients. By the time the cancer is ultimately detected - frequently because the tumor has become so large that it is leading to blockage, since the patient has inexplicable anemia that is worsening, or since the patient starts to detect other indications - the cancer has already advanced to a Stage 3 or even a Stage 4. The individual now confronts a much different prognosis than he or she would have if the cancer had been found early through routine screening tests.

In medical malpractice terms, the individual has suffered a "loss of chance" of a better recovery. That is to say, because the doctor failed to advise that the patient undergo routine screening test, the cancer is now considerably more advanced and the person has a much reduced likelihood of outliving the cancer. The failure of a physician to recommend the person have screening options for colon cancer might constitute medical malpractice.

Contact a lawyer immediately should you feel there was a delayed diagnosis of colon cancer as a consequence of a doctor's not suggesting routine colon cancer screening. This article is for general informational uses only and should not be considered legal (or medical) advice. For any health concerns your should contact a doctor. If you believe you might have a medical malpractice claim you should seek professional legal counsel without delay. A competent attorney experienced in medical malpractice can help you determine if you have a claim for a delay in the diagnosis of colon cancer due to a failure on the part of a physician to recommend colon cancer screening. The law limits the amount of time you have to pursue a case so call a lawyer immediately.

by: Joseph Hernandez

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