Family And Physicians Agree To $2,000,000 Settlement For Wrongful Death Of 46 Year Old Woman
While a colonoscopy is generally recommended as a screening proceedure for colorectal
cancer for individuals who are fifty years old and older, doctors usually recognize that a patient's complaints of rectal bleeding merit performing a colonoscopy even if the patient is younger than fifty. Whether a colonoscopy or a sigmoidoscopy is actually performed, though, if the examination is not complete and adequate visualization was not achieved, physicians generally recommendedthat it should be done again. This article looks at a lawsuit which claimed that both a family practicioner and a gastroenterologist failed to follow these practices.
In this example, a woman complained to her doctor that she was having constipation and observed rectal bleeding during a five week interval. This went on for one more month. The patient was forty six years old at the time. At this point the family doctor scheduled her for a consultation with a gastroenterologist to perform a sigmoidoscopy to discover the source of the bleeding and constipation. Yet, the gastroenterologist merely did a sigmoidoscopy rather than a colonoscopy. A sigmoidoscopy merely allows the physician look at up to 40 cm from the anus. Although the sigmoidoscopy only allows examination of a limited section of the colon, the physician documented that the test was not completed and that it had not been possible to examine the entire length even of the sigmoid. The gastroenterologist did not advise that the test be done again in order to adequately look at the sigmoid.
The woman went back to her physician for two yearly physicals afterward and each time shared with him that she kept experiencing difficulties with constipation. At one point the physician spoke with the patient's daughter and although he told her he would think about a colonoscopy sometime in the future he proposed that the patient was suffering from irritable bowel syndrome and simply needed to eat more fiber. Later on he told the patient to begin taking lactulose. Ultimately, as a physical examination showed abdominal tenderness and a structure suggestive of stool in the colon, the physician prescribed testing her thyroid and at last referred her for a colonoscopy.
Approximately two weeks later, she had to go to the emergency room because she developed pain and vomiting as she was prepping for a colonoscopy. The emergency room doctor discovered that she had a distended abdomen and hyperactive bowel sounds. She also had abdominal tenderness, mainly on the lower left. Because of these symptoms the hospital doctor had her get. The scan showed a mass in the sigmoid with metastasis. Two weeks later the patient had surgery to remove the mass which was 4.2 cm. The surgeon determined that her cancer had metastasized and reached a variety of organs. She began chemotherapy for stage 4 colorectal cancer. The woman did not survive. She died a bit over 4 months after her surgery.
The woman's family initiated a case against her primary care physician and the gastroenterologist. The law firm that handled the matter achieved a settlement in the amount of $2,000,000 on behalf of the family. The law limits the time you have to file a wrongful death claim so if a family member died of advanced cancer and you believe it was due to you should contact a lawyer immediately to establish if you have a valid case.
Family And Physicians Agree To $2,000,000 Settlement For Wrongful Death Of 46 Year Old Woman
By: J. Hernandez
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Family And Physicians Agree To $2,000,000 Settlement For Wrongful Death Of 46 Year Old Woman Anaheim