$1.5M For Delayed Colon Cancer Diagnosis: On February 21, 2023, during mediation, a Virginia medical malpractice case alleging that the defendant gastroenterologist breached the standard of care by delaying the scheduling of a colonoscopy for a patient with a medical history of ulcerative colitis and a positive family history of colon cancer was settled for $1.5 million.
The patient had undergone regular colonoscopies in light of his medical history including the discovery of pseudopolyps in 2013 and in 2014. Pseudopolyps are markers of episodes of severe inflammation, encountered in endoscopy in a subgroup of patients with ulcerative colitis (UC). Their clinical significance is uncertain, except for their link with an intermediate risk for colorectal cancer: “There is a subgroup of patients with UC (10-20%) who present on endoscopy with pseudopolyps, typically formed at the bowel wall during repetitive inflammation attacks. Pseudopolyps have been associated with an increased burden of disease in the context of intermediate risk of colorectal cancer and the need for increased surveillance.” Source
During a colonoscopy in 2016, the gastroenterologist collected eight pathology specimens. Seven of the eight were interpreted as clearly benign but the eighth specimen was reported as “indefinite for dysplasia.” The gastroenterologist allegedly failed to note or document the finding with regard to the eighth specimen: the gastroenterologist allegedly wrote a letter stating that the pathology report with regard to the specimens were all normal.
The patient was not scheduled for routine medical care until two years later, in June 2018, during which it was noted that the patient had “Ulcerative colitis, unspecified, without complications.” It was recommended at that time that the patient have a colonoscopy one year later. The patient was sent a form letter in August 2019 stating he was due for a colonoscopy, but it was never scheduled.
In 2021, the patient was hospitalized with complaints of worsening abdominal pain, nausea, and vomiting. A CT scan was ordered that showed possible malignancy as well as metastasis. The patient underwent an open total colectomy with end ileostomy. The patient was diagnosed with metastatic colon cancer.
The Virginia medical malpractice lawsuit alleged that the patient’s colon cancer was preventable and that earlier treatment would likely have been curative.
Colorectal cancer is the second most common cause of cancer death among Americans. Colonoscopy is considered the gold-standard screening test for colorectal cancer and is performed on approximately 15 million people in the United States every year. The United States Preventive Services Task Force lowered the recommended screening age from 50 to 45 in 2021 due to rising rates of colorectal cancer in younger people. Colonoscopy is associated with as much as a 69% decrease in new cases of colorectal cancer and an 88% decrease in the risk of death from colon cancer.
If you or a loved one were injured as a result of the misdiagnosis of cancer in Virginia or in another U.S. state, you should promptly consult with a Virginia medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your cancer misdiagnosis claim for you and represent you or your loved one in a cancer medical malpractice case, if appropriate.
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