Failure to Diagnose Colon Cancer

When left unchecked to progress and spread, colon cancer can have tragic consequences. Like other forms of cancer, prognosis is aided by early discovery and treatment by a doctor. To that end, there are colon cancer screening guidelines that medical providers are expected to recommend for patients that meet specific criteria. If you were harmed by your health care provider’s failure to diagnose colon cancer, call our seasoned Syracuse medical malpractice lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience fighting for best results for patients harmed by malpractice and has won millions in settlements and awards at trial.

Colon cancer is cancer that impacts the large intestine, or lowest portion of a patient’s digestive system. It is a type of colorectal cancer as is rectal cancer. Colon cancer typically starts with benign growths in the colon. These are called polyps and they should be removed early. A colonoscopy can be conducted to prevent the growth and allow for removal of the polyp. It also allows doctors to diagnose colorectal cancer when it’s early, prior to metastasis. The difference in outcomes when early diagnosis occurs is significant. Statistically, you have a 5 year survival rate if you’re timely diagnosed with this kind of cancer. Unfortunately, survival becomes much less likely if colon cancer spreads.

There are various screening guidelines that may apply to a particular case. Generally, those with a family history of colon cancer should be offered colon cancer screening earlier than those who don’t. Doctors are also supposed to recommend testing when someone has symptoms that are suggestive of colon cancer.

Not every failure to diagnose colon cancer is malpractice. Rather, we will need to prove: (1) the defendant owed you a duty of professional care, (2) departure from the duty of professional care, (3) causation, and (4) damages. The duty of professional care varies depending on the defendant’s geographic region and specialty. Even before filing a complaint, our Syracuse medical malpractice lawyers will need to consult an expert about whether the duty of professional care was breached in your case, and how. With your complaint, we will need to file a certificate of merit attesting to our consultation.

Doctors are supposed to conduct a differential diagnosis that lists potential diagnoses given the symptoms and then test those diagnoses appropriately. Failure to diagnose colon cancer could occur if the doctor didn’t list and test for colon cancer according to accepted medical practices. It could also occur if the testing occurred, but test results were not communicated to a patient and no follow-up occurred about the results.

Failure to diagnose colon cancer could occur when a doctor fails to conduct or recommend the proper screenings when the applicable guidelines recommend it. However, it could also occur if lab results were misread, appropriate imaging was not conducted, or improper communication or no communication occurred among medical staff.

If our seasoned colon cancer malpractice lawyers are able to establish your health care provider’s liability, we may be able to recover compensatory damages on your behalf. These are damages intended to make up for your economic and noneconomic losses. Economic losses include any tangible losses such as medical bills, lost wages, replacement services, and out-of-pocket costs. Noneconomic losses that may be compensated include pain and suffering, loss of enjoyment of life, emotional distress and mental anguish.

A spouse who could no longer enjoy intimacy or a relationship with a spouse whose colon cancer worsened and spread for failure to diagnose might have a claim for loss of consortium. The family of a loved one who died for this failure might have grounds to recover damages in a wrongful death lawsuit.

If you were harmed through failure to diagnose colon cancer, or a loved one died because of it, call our seasoned Syracuse medical malpractice lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys is a law firm with more than 30 years of experience seeking best results for cancer patients and their families in Ithaca, Cooperstown, Canandaigua, Auburn, Buffalo, Oneida, Utica, Rochester, Elmira, Albany, Wampsville, Watertown, Herkimer, Lowville, Oswego, Lyons, Binghamton, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.