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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
3/7/2003 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Delay in Diagnosis of Colon Cancer |
Result: |
$248,500 |
Case Name: |
Doe Parents v. Roe Medical Group |
Facts: |
In August 1995, a physician employed by Roe Medical Group became the primary caregiver for the plaintiffs' decedent (their 37-year-old daughter). On 8/31/95, the decedent complained for several months to her primary care physician of nausea and dizziness with exercise. Blood work ordered on 9/5/95 was abnormal. The tests indicated iron deficiency anemia, specifically her hemoglobin was low at 10.1 (>12 is normal). Her red blood cell count was low and her thyroid stimulating hormone (TSH) was abnormally low. The doctor, however, never saw the results of the CBC.
According to the records of 1/18/96, the doctor instructed the nurse to advise decedent that her TSH was good but her iron level was low. The patient was advised to eat foods rich in iron and was given iron supplements. She complied, although she had nausea and constipation. She continued to have symptoms until she was seen again on 7/7/96. At that time she had a new complaint that her menstrual cycles had been longer than usual. Her blood labs showed evidenced of significant anemia (hemoglobin was 9.8, RBC's 3.9). She was not told this.
On 7/23/96, the decedent's IUD was removed without complication. When she called in for lab results she was told that her TSH was good, but her iron level was still low. According to the parents, it was decedent's understanding that she only needed to follow up if her menses did not return to normal. Her menses did return to normal two cycles later.
Over the next several months, decedent continued to have gastrointestinal problems which she had been told by Roe Medical Group were related to her iron supplements.
From 9/96-2/97, the decedent was out of the Roe Medical Group because of a change in insurance. During this time her gastrointestinal problems continued. Based upon what she had been told at Roe Medical Group, she assumed her symptoms were related to the irritable bowel syndrome she had in college or the iron supplements she had added to her diet. She became increasingly fatigued.
On 2/24/97, she called Roe Medical Group and left a message that she felt as though she was going to black out. She thought it might be related to her Inderol for migraines. The doctor changed the prescription, but did not have the decedent come in for an exam.
On 5/5/97, decedent called the doctor and said she had no appetite at all. She was seen on 5/9/97. She had lost 30 pounds since September. The doctor's assessment was that she was a "compulsive female." Labs, however, indicated that decedent was severely anemic with a hemoglobin of 7.9, hematocrit of 24.5. The doctor went on vacation.
On 5/12/97, the decedent called Roe Medical Group complaining of no appetite and stomach pain. She requested the results of her labs. A doctor's aide contacted the decedent and advised her to be seen in urgent care that day. Over the course of the next several days, the decedent made several calls to her doctor, and ended up calling Membership Services in an effort to have her doctor return her calls.
On 6/17/97, the decedent was assessed by her doctor as having severe anemia with constipation. The doctor attempted to obtain consults in both endocrinology and OB-GYN.
On 7/5/97, decedent was seen in the emergency room for severe constipation over several weeks with weight loss in excess of 30 pounds over several months. A rectal exam, the first she had ever received, revealed a firm, irregular mass in her rectum that was so large she was taken in for urgent surgery two days later. The pathology report confirmed that she had a well- to moderately-differentiated adenocarcinoma of the rectum, 6 cm in size invading through the bowel wall with one of seven regional lymph nodes testing positive for cancer. She was diagnosed as having a Stage III (T4N1M0) Dukes' C2 cancer of the rectum.
The decedent sued Roe Medical Group for medical malpractice and settled her claim for $850,000 in 1998. On November 4, 2002, she died at the age of 44. Her parents then filed this wrongful death lawsuit.
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| Injury/Injuries: |
Wrongful death of a 44-year-old daughter.
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| Contentions: |
Their daughter's death could have been avoided had the doctor followed her own custom and practice, as well as Roe Medical Group's written screening protocols.
The defendants contended that they did not violate the standard of care.
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| Special Notes: |
The plaintiff parents claimed general damages for the wrongful death of their only daughter. The maximum recoverable in general damages for a medical malpractice case in the state of California is $250,000.
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