Colon Cancer Medical Negligence Frequently Asked Questions for Delayed Diagnosis and Treatment

According to the American Cancer Society’s “Cancer Facts and Figures,” colorectal cancer is responsible for approximately 150,000 new cancer cases each year, making it the second leading cause of cancer-related deaths in the United States. Early diagnosis, before the onset of symptoms, has been shown to improve survival rates significantly. One method of reducing mortality from colorectal cancer is through the screening for fecal occult blood, as demonstrated in the Minnesota Colon Cancer Control Study published in the New England Journal of Medicine in 1993 (N Engl J Med. 1993;328(19):1365–1371). [1] However, in cases of colon cancer medical negligence involving delayed diagnosis or treatment, many patients do not receive the benefit of early intervention.

Colon cancer patients and their families often seek our guidance regarding potential medical negligence in the diagnosis and treatment of colon cancer. We have compiled a list of common questions and general responses here. It’s important to note that each case is unique, and a comprehensive evaluation requires consultation with an experienced attorney and a thorough review of the individual’s medical records by a team of seasoned lawyers in collaboration with dedicated medical experts.

There are specific complaints and symptoms that patients may report to physicians, which are or should be, recognized as possible signs of colon cancer. While the presence of these complaints does not conclusively establish the presence of cancer, they should not be disregarded, downplayed, or overlooked by healthcare providers when reported. These complaints and symptoms may necessitate further testing, potentially leading to early diagnosis and treatment. Common complaints, symptoms, and risk factors encompass a family history of colon or rectal cancer, rectal bleeding, blood in the stool, changes in bowel habits (e.g., diarrhea or constipation), unexplained weakness or fatigue, unintended weight loss, a diagnosis of anemia, and prolonged abdominal cramps or pain.

Medical studies show that having colon cancer screening lowers the chance of dying from colon cancer. There are several different types of screening tests. Colon cancer screening is a way that doctors check the colon for potential signs of cancer or growths (polyps) that might become cancer. Screening is routinely done for patients without any complaints or risk factors that would indicate a suspicion of cancer. And, of course, if there are complaints or risk factors, the duty of the medical provider to recommend screening is very high. The purpose of colon screening is to find and remove polyps that may become cancerous. If left untreated, colon cancer can spread throughout the body (metastasis). Early testing and screening for colon cancer can result in early diagnosis, treatment, and improved results and quality of life.

Are there common fact patterns in successful medical negligence claims for delayed diagnosis or misdiagnosed colon cancer?

There are common fact patterns that have been successful in medical negligence claims involving delayed diagnosis or misdiagnosis of colon cancer. While every case is unique, the following scenarios often arise in successful claims:

1. Failure to Conduct Appropriate Screening: One typical fact pattern involves a physician’s failure to order or recommend appropriate screening tests for colon cancer. This may include a failure to perform a colonoscopy or recommend other diagnostic tests, mainly when the patient exhibits symptoms or has risk factors for colon cancer.
2. Misinterpretation of Test Results: Another common scenario is the misinterpretation of test results, such as a radiologist failing to identify suspicious findings on imaging studies or a pathologist misreading biopsy results. This can lead to a delayed or incorrect diagnosis of colon cancer.
3. Disregard of Patient Symptoms: Physicians may also be liable for medical negligence if they dismiss or disregard the patient’s symptoms suggestive of colon cancer. This includes complaints of persistent abdominal pain, rectal bleeding, changes in bowel habits, unexplained weight loss, or other concerning symptoms that should trigger further investigation.
4. Failure to Follow Up: A physician’s failure to follow up on abnormal test results or communicate them to the patient in a timely manner can also be a basis for a successful medical negligence claim. If a patient’s test results indicate the need for further evaluation or treatment, the physician must ensure appropriate follow-up occurs.
5. Lack of Referral to Specialists: In some cases, a physician’s failure to refer a patient to a specialist, such as a gastroenterologist, for further evaluation or treatment can be considered medical negligence. If a primary care physician suspects or should reasonably suspect colon cancer, a referral to a specialist may be necessary for proper diagnosis and treatment.
6. Failure to Communicate Test Results: Medical negligence claims may arise when healthcare providers fail to communicate test results to the patient in a timely manner. Suppose test results indicate the need for immediate treatment or further evaluation. In that case, it is the responsibility of the healthcare provider to ensure that the patient is promptly informed and appropriate action is taken.
7. Inadequate Treatment Planning: Delayed treatment claims can also arise from inadequate treatment planning. This may involve a physician’s failure to develop and implement a timely and appropriate treatment plan once a diagnosis of colon cancer has been made. This can result in unnecessary delays in starting treatment, negatively impacting the patient’s prognosis.