Failure to diagnose and treat colon cancer a medical malpractice case

Disposition: (Settlement/Arbitration/Trial)	Settlement
Date:	6/4/2002
Type of Case:	Medical Malpractice
Allegation(s):	Failure to Diagnose Colon Cancer
Result:	$825,000
Case Name:	*Jane Doe v. Dr. Roe, Roe Medical Group*
Facts:
Plaintiff Jane Doe came under the care of Dr. Roe/Roe Medical Group in November of 1998. On 1/29/99, she presented with a complaint of rectal bleeding, which had been ongoing for the past month. Dr. Roe diagnosed a hemorrhoid and prescribed suppositories. Her symptoms continued but when seen again on 3/8/99, Dr. Roe noted only hematochezia (blood in the stool) and did nothig to diagnose or treat her ongoing symptoms. Despite several interim visits and telephone contacts with Dr. Roe, when seen again on 8/2/00, Dr. Roe still did not even conduct a rectal exam. He simply sold her a fiber drink and told her if that didn't work, he would refer her to a gastroenterologist. Plaintiff called Dr. Roe a couple of weeks later, insisting on a referral. A colonoscopy and biopsy performed in November of 2000 by the gastroenterologist revealed adenocarcinoma.
Injury/Injuries:
By the time of surgery in November 2000, a large mass was found in the sigmoid colon and 6 of 19 lymph nodes were positive for metastatic carcinoma. Plaintiff has undergone several rounds of chemotherapy, radiation, and additional surgeries. Plaintiff's experts testified that in March of 1999, the cancer was probably confined to the bowel wall and was curable. At the present age of 31, her long-term prognosis is poor. Her probable life expectancy is now measured in months.
Contentions:
Failure to diagnose and treat colon cancer. Future income loss, present value, was estimated at between $675,000 and $1,150,000.
Special Notes:
Plaintiff demanded $1,000,000 (Dr. Roe's insurance policy limit.) Defendants offered $225,000. < back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com