Physician Pays $875,000 For Not Informing Patient Of Incomplete Colon Cancer Test Results

Physician Pays $875,000 For Not Informing Patient Of Incomplete Colon Cancer Test Results

Some individuals are vulnerable to having or getting particular types of cancer. With colon cancer, as an illustration, people with certain conditions , with certain symptoms , or with family members who have had colon cancer (especially first degree relatives) are at risk. The primary procedure employed by physicians to test for colon cancer if a patient has a family history or reports a symptom, such as blood in the stool, is the colonoscopy. Using this method doctors can see the interior of the colon and look for the presence of abnormal (and possibly cancerous) growths. Mainly, physicians recommend that even those who are not at higher risk also get screened beginning at age 50.

In case the doctor performing the colonoscopy is unable to check out the entire length of the colon it is possible that there may be cancer present in the unvisualized areas. One of the reasons why a doctor may not finish the colonoscopy is poor prior preparation resulting in inadequate visualization or the presence of an obstruction which makes it impossible to pass the scope beyond the vicinity of the obstruction. If circumstances such as these occur the doctor should tell the patient and suggest that the patient either have an alternative procedure or a repeat colonoscopy. In the event that the physician does not let the patient know that the colonoscopy was no finished or that there was poor visibility and suggest appropriate follow up too much time might pass before the patient begins to show symptoms or gets another screening procedure.

This is what occurred in one documented case involving a 54 year old female who died from advanced colon cancer. The first risk factor that this woman's physicians knew she had was a family history of cancer of the colon. She underwent 3 colonoscopies over 6 years. In that time she reported that she observed rectal bleeding and abdominal pain frequently. At a minimum, on one occasion the woman's blood tests further recorded that she was anemic. The 3 are possible symptoms of colon cancer.

In this case, the doctor who performed the colonoscopies in fact documented, with respect to 2 of them, that visualization was incomplete in both the ascending colon and the cecum. The doctor additionally documented that this was the situation because there was a problem in passing the scope beyond the transverse colon. Nonetheless, the doctor who conducted the three colonoscopies and followed the woman throughout this period continued telling the woman that her problems were due to hemorrhoids.

She was eventually diagnosed with colon cancer when her tumor was discovered while she was undergoing exploratory surgery as a way to figure out the reson for her condition. The cancer had grown and spread so far that the patient needed to have a considerable part of her intestines removed and then also needed to endure treatment with chemotherapy. Sadly, even with treatment she passed away from the cancer. Her family filed a wrongful death lawsuit against the doctor for the failure to detect her cancer and to tell her that the results of the colonoscopies were not definitive. The law firm that represented the family in this lawsuit was able to report that they were able to obtain a recovery for the family in the amount of $875,000

Physicians employ diagnostic tests in order to detect or rule out specific diseases. For instance, the colonoscopy is used to locate or exclude colon cancer but the result of the test is only as good as the accuracy with which the test was conducted. A colonoscopy uses a scope to visualize the inside of the colon so as to find out whether there are any polyps or tumors in the colon

If the full colon is not visualized, as in the case above, a doctor should not rely on it to rule out cancer. When the patient does have cancer this might lead to a delay in diagnosis that gives the cancer time to grow and progress to an incurable stage. Under such circumstances the doctor who counted on a partial procedure may be liable.

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