Colon cancer, also known as colorectal cancer, can affect both men and women, and it is the second deadliest form of cancer in the United States. With the proper screening and diagnosis, colon cancer is treatable. In many cases, it is even preventable.
Unfortunately, many patients suffer from the consequences of a doctor’s negligence. In some cases, cancer is diagnosed too late, and that can lead to a much worse prognosis. A colon cancer malpractice attorney may be able to help victims seek accountability and fair compensation from misdiagnosis or delayed diagnosis of colon cancer.
The colon is also called the large intestine, and it is the final part of the digestive tract. It is made up of the cecum, ascending colon, transverse colon, descending colon, sigmoid colon and the rectum. Colon cancer affects these areas of the body. The risk of colon cancer is higher for older adults than in other age groups. However, this type of cancer can happen at any age.
Colon cancer often starts as a small, noncancerous group of cells called polyps. These cells form inside the colon. After some time, those polyps can become cancerous. Since the polyps are small, they tend to not produce many symptoms. Most doctors recommend regular cancer screenings to identify and remove those polyps before they turn into a form of cancer.
If your doctor does discover cancerous polyps, there are many methods available for treatment, including surgery, drug treatment and radiation therapy. Some other treatments for colon cancer include targeted therapy, immunotherapy, and chemotherapy.
There are a few symptoms of colon cancer. These symptoms include:
If you notice any of these signs, you should see a doctor. Your medical professional should recommend a cancer screening test, especially if you are over the age of 50. In the early stages of colon cancer, there might not be any symptoms. If symptoms do appear, they can vary depending on the location and size of cancer in the large intestine.
Depending on your risk factors, your doctor will recommend more frequent screenings. If your medical provider fails to diagnose your cancer accurately, you may be entitled to seek compensation.
Several risk factors can increase the chance of colon cancer. These factors include:
Once you learn the risk factors, you can monitor your health for potential issues. Your doctor should know these symptoms and observe your health. If your doctor fails to diagnose your disease correctly, you can lose critical time to treat this deadly form of cancer.
Colon cancer is diagnosed through a wide range of tests, including a colonoscopy, rectal exam, barium enema, sigmoidoscopy or biopsy. These tests can be performed as part of your annual exam or in response to specific symptoms, such as a change in bowel habits or bleeding. These yearly exams allow the medical provider to catch colon cancer in the early stages and improve your chances of successful treatment.
However, a doctor can be negligent in the proper care for a patient and fail to order, perform or properly interpret the test. When colon or rectal cancer is not diagnosed at an early stage, treatment options and survival rates are limited. Sometimes, the cancer can travel to other parts of your body in a process known as metastasis. In some cases, the disease may be misdiagnosed. Doctors often confuse it with irritable bowel syndrome, celiac disease or other conditions.
If a doctor has failed to diagnose or has misdiagnosed colon cancer, it may be classified as medical malpractice. Your attorney will need to consult with medical experts and investigate the facts of your case. Several medical professionals may have improperly cared for you during this time, including the examining doctor, the laboratory, a pathologist or urologist. If you have been misdiagnosed, you need to protect your legal rights and may be able to recover damages for the failure to diagnose colon or colorectal cancer.
The medical field has many tests available for doctors to use as early detection methods for colon cancer. However, there are times when these critical tests are not ordered for the patient, especially for those experiencing cancer symptoms. In many cases of colon cancer malpractice, the doctor failed to provide adequate care and dismissed symptoms as just frequent digestive complaints. When a doctor fails to diagnose the patient accurately, this can lead to a delay in receiving vital treatments.
Your medical provider may be negligent in several ways, including:
For those with colon cancer, early detection is vital. Delayed treatment or a misdiagnosis can create additional medical complications for the patient, including the removal of the colon and lifetime use of a colostomy bag. In addition to that, any delay in diagnosis can lead to more aggressive treatments, including the need for radical chemotherapy, radiation or surgery.
Unfortunately, in some cases, the misdiagnosis can result in the patient’s death. A negligent doctor can cause a great deal of harm to the patient, including:
There are severe consequences of a misdiagnosis or delayed treatment of colon cancer. When medical providers act negligently, they should be held accountable for their actions. If you have been affected by a negligent doctor, then you need to seek legal advice to get compensation for your medical bills and other damages.
You must meet certain criteria to establish a medical malpractice claim. These claims must show that the negligent doctor had a doctor-patient relationship with you. The doctor must have breached a professional duty of care. A medical professional must meet specific standards of care and must act in the same manner that another doctor would have acted in a similar situation. Finally, the medical professional’s negligence must have caused actual damages.
In most cases, you will need to find an expert witness for your medical malpractice claim. The expert witness will testify on what is considered the professional standard of care under the circumstances and how a skilled doctor would have acted in the same situation. Your expert witness will need to provide an opinion about whether the doctor acted negligently and breached the professional duty of care by failing to diagnose or misdiagnosing colon cancer. That action must have also resulted in injuries to you. There are times when the healthcare provider will defend their efforts by claiming that the injuries were the result of the progressing illness and not the failure to diagnose the disease.
If you have suffered harm from a misdiagnosis, you need to find the right attorney for your case. The doctor will have a lawyer to protect his or her rights during the process. A medical malpractice lawyer will be there to protect yours.
If you have been the victim of a delayed or missed cancer diagnosis, you can take legal action to receive two different types of compensation: economic and non-economic damages.
Economic damages: These damages are actual and measurable expenses, including lost wages, medical costs, rehabilitation costs, and ongoing healthcare costs.
Non-economic damages: These damages are for non-tangible expenses, like physical pain, emotional suffering, disfigurement and the loss of quality of life.
A colon cancer malpractice lawyer can conduct a review of your health records and treatment history. This attorney may also consult with medical experts to determine the standard level of care. During this time, the legal team will gather all the crucial evidence to establish liability in your case. For colon cancer cases, the doctor has a responsibility to take the necessary measures to protect your health. A medical malpractice lawyer understands the trauma of these cases and will help to seek financial recovery for your expenses.
If you have questions about your potential colon cancer malpractice claim, contact the legal team at Raynes Lawn Hehmeyer. Fill out our contact form at www.rayneslaw.com or call us at (800) 535-1797 to schedule a consultation today.
For the general public: This Blog/Website is made available by the law firm publisher, Raynes Lawn Hehmeyer, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
For attorneys: This Blog/Website is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients. Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.