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$800K Settlement in Delayed Colon Cancer Diagnosis Case

Last Updated on Originally published May 3, 2025
Photo by National Cancer Institute on Unsplash

The Porter Law Group has successfully secured an $800,000 settlement in a medical malpractice case involving a delayed diagnosis of colon cancer that resulted in devastating consequences for the client. The case centered around a gastroenterologist’s failure to properly diagnose and follow up on concerning findings during a colonoscopy procedure in November 2018.

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During the initial colonoscopy, the doctor identified a lesion but failed to recognize its potential severity and did not order appropriate follow-up testing. The procedure was incomplete, yet the doctor’s documentation contained inconsistencies regarding the extent of the examination and findings. Despite the presence of what would later be identified as a highly concerning lesion, no follow-up colonoscopy, virtual colonoscopy, or additional biopsies were ordered.

The consequences of this delayed diagnosis were severe. By the time the cancer was discovered in April 2019, it had progressed to Stage IV, with the primary tumor growing to 6.1 x 5.3 x 5.0 cm and metastasizing to the liver. The board-certified expert oncologist retained by the Porter Law Group testified that had the cancer been diagnosed during or immediately after the initial colonoscopy, the client would likely have faced a Stage II or III diagnosis without liver metastases, requiring far less aggressive treatment.

Instead, during the colon cancer diagnosis, the client endured multiple invasive surgeries, including a colon resection, colectomy, splenectomy, and distal pancreatectomy. The treatment regimen included aggressive chemotherapy administered through a surgically implanted pump, requiring bi-weekly maintenance and restricting the client’s ability to travel and maintain normal activities. The client also suffered complications from the surgical procedures, resulting in additional hospitalizations and procedures.

The economic impact of this medical negligence was substantial. The client was forced into early retirement, resulting in approximately $201,000 in lost wages. Additional financial damages included $12,000 in Social Security disability payments and nearly $94,000 in past medical expenses.

The legal team at the Porter Law Group built a strong case supported by expert testimony from both a board-certified gastroenterologist and oncologist. These experts identified multiple departures from the standard of care, including the failure to recognize the severity of the initial lesion, inadequate follow-up testing, and improper documentation in the colonoscopy report.

The settlement takes into account not only the economic losses but also the profound impact on the client’s quality of life. The client now faces a greater than 50% chance of cancer recurrence and a significantly reduced 5-year survival rate of approximately 14% due to the liver metastases – outcomes that could have been prevented with timely diagnosis and treatment.

This colon cancer diagnosis case highlights the critical importance of proper medical screening and follow-up procedures in cancer diagnosis. According to the American Cancer Society, colorectal cancer is the third most common cancer diagnosed in both men and women in the United States, with early detection being crucial for optimal treatment outcomes.

If you or a loved one has experienced a colon cancer diagnosis delay or other medical malpractice issues, it’s crucial to seek legal representation promptly. The Porter Law Group has extensive experience in medical malpractice cases and is committed to helping patients receive the compensation they deserve for medical negligence. Contact our office today for a confidential consultation to discuss your legal options.

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The experts behind this article

Every Porter Law Group guide is written and reviewed by experienced New York personal injury attorneys.

Michael S. Porter
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Michael S. Porter
Personal Injury Attorney

Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.

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Eric C. Nordby
Legally Reviewed on May 3, 2025
Eric C. Nordby
Personal Injury Attorney

Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.

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This page was legally reviewed by Eric C. Nordby on May 3, 2025. Our experts verify everything you read to make sure it's up to date. Read our editorial guidelines or contact us.