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, 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 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 delayed cancer diagnosis 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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