Failure to timely diagnose Colon Cancer – $1,250,000.00 settlement.
- Attorney: Michael B. Zerres
- Settlement: $46.7 Million
- Practice Areas: Misdiagnosis and Medical Malpractice
During these tests, performed at a local hospital, the physician failed to document that he performed a complete examination of the colon, by either taking photographs of the cecum and/or stating he visualized the cecal landmarks, as was recommended in peer-reviewed Gastroenterology literature. 2 years later, after having new complaints, the man reported to the hospital, where testing and another colonoscopy detected an advanced stage cancer in the cecum.
Despite aggressive chemotherapy, the patient, also a physician, died 2 years later later from metastatic disease. As the disease was so advanced at the time of his diagnosis, surgery was no longer an option.
The man’s parents, his remaining survivors, agreed to the settlement, totaling $1,250,000.00, just prior to trial. In addition, the hospital where the colonoscopies were performed, and also the patient’s employer, – through its health insurer – agreed to waive a $362,000.00 subrogation lien for the reimbursement of the patient’s medical expenses – as it was claimed this hospital failed to utilize an available software program that required colonoscopists to automatically take photographs, documenting cecal intubation.