Misdiagnosis or Delayed Diagnosis of Colorectal Cancer
At Lupetin & Unatin, we have seen firsthand the life-changing impact that a delay in diagnosing colorectal cancer can have on patients and their families. Early detection is critical in treating this disease effectively, yet when diagnosis and treatment are delayed, the consequences can be devastating, often leading to advanced stages of the disease that are much harder to treat. Our firm is dedicated to advocating for those affected by such delays, striving to ensure that they receive the justice and compensation they deserve. In this detailed overview, we will explore the standards for diagnosing colorectal cancer, emphasizing the importance of timely and accurate screening and follow-up to prevent the severe outcomes that can arise from negligence in the medical field.
What is Colorectal Cancer?
Colorectal cancer originates in the colon or rectum, parts of the large intestine, which are key components of the digestive system. This type of cancer typically starts from polyps, which are small growths on the lining of the colon or rectum. Over time, some of these polyps can turn into cancer if not detected and removed early. Understanding the stages of colorectal cancer is crucial for treatment planning:
- Stage I: The cancer is confined to the inner layers of the colon or rectum and has not spread beyond the wall of the intestine.
- Stage II: The cancer has penetrated deeper into the layers of the colon walls or has spread to nearby tissues but not the lymph nodes.
- Stage III: Cancer has spread to one or more lymph nodes but not to distant sites.
- Stage IV: This final stage indicates that cancer has spread to other organs or parts of the body, such as the liver or lungs.
Colorectal cancer is among the leading causes of cancer death for both men and women. It is more common in developed countries, partly due to dietary habits and lifestyle factors. The disease primarily affects adults over 50, but there is a concerning trend of increasing incidence in younger populations. The development of colorectal cancer is influenced by both genetic and lifestyle factors, including:
- Aged 50 and older
- Personal or family history of colorectal cancer or polyps
- Lifestyle factors such as high fat intake, low fiber diet, physical inactivity, obesity, smoking, and excessive alcohol consumption
- Chronic inflammatory conditions of the colon, such as Crohn’s disease or ulcerative colitis
The early detection and diagnosis of colorectal cancer are crucial for effective treatment and improved survival rates. The American Cancer Society provides guidelines that are widely adopted by healthcare professionals for diagnosing colorectal cancer. These standards are designed to catch cancer early, before symptoms appear, and when it is most treatable.
Signs and Symptoms of Colorectal Cancer
- Persistent change in bowel habits, such as diarrhea, constipation, or narrowing of the stool
- Rectal bleeding or blood in the stool
- Persistent abdominal discomfort, such as cramps, gas, or pain
- A feeling that your bowel doesn’t empty completely
- Weakness or fatigue
- Unexplained weight loss
Screening Guidelines for Colorectal Cancer
Routine screening for colorectal cancer is recommended to start at age 45 for individuals at average risk. Screening should continue until age 75, with subsequent decisions from age 76 to 85 based on overall health and prior screening history. Screening is not generally recommended after age 85.
There are several types of tests used to screen for colorectal cancer:
- Colonoscopy (every 10 years): This is the most comprehensive screening test as it allows the entire colon and rectum to be visualized and for any polyps to be removed during the procedure.
- High-sensitivity fecal occult blood test (FOBT) or fecal immunochemical test (FIT) (annually): These tests check for hidden blood in the stool, which can be a sign of cancer.
- Flexible sigmoidoscopy (every 5 years): This test examines the rectum and the lower part of the colon and can be combined with FOBT/FIT every three years.
- CT colonography (virtual colonoscopy) (every 5 years): This imaging test provides detailed pictures of the colon and rectum that can show polyps and other abnormalities.
Proper follow-up on abnormal test results is critical. A common form of medical negligence occurs when healthcare providers fail to follow up on these results promptly, potentially leading to a delayed diagnosis of colorectal cancer. If any screening test results are abnormal, follow-up diagnostic testing should include:
- Diagnostic Colonoscopy: This is performed regardless of the initial screening method if any abnormalities are detected. It allows for a thorough examination and the ability to perform biopsies or remove polyps during the same procedure.
- Biopsy: During a colonoscopy, any suspicious areas or polyps can be biopsied to determine if cancer cells are present.
Diagnosis of Colorectal Cancer
Effective diagnosis of colorectal cancer involves several steps:
- Screening tests like fecal occult blood tests (FOBT) and colonoscopy, which should be initiated by age 50 for most adults.
- Diagnostic tests following abnormal screening results, including higher-resolution imaging and biopsies.
Delay in the diagnosis or treatment of colorectal cancer can lead to the cancer progressing to an advanced stage, significantly lowering the chances of successful treatment and survival.
Treatment for Colorectal Cancer
Treatment varies based on the stage of the cancer and may include one or more of the following:
- Surgical interventions to remove the cancerous parts of the colon.
- Chemotherapy to kill cancer cells, especially useful in later stages.
- Radiation therapy often used before surgery to shrink tumors or post-surgery to eliminate remaining cancer cells.
- Targeted therapy that focuses on specific abnormalities within cancer cells.
What to do if You have Signs or Symptoms of Colorectal Cancer
If a patient experiences signs and symptoms of colorectal cancer, such as rectal bleeding, changes in bowel habits (e.g., diarrhea, constipation, or narrowing of stool), persistent abdominal pain or cramping, unexplained weight loss, or fatigue, they should seek medical attention promptly. Early diagnosis and treatment are critical for improving outcomes. The first step is to schedule an appointment with a primary care physician or gastroenterologist to discuss their symptoms in detail. Patients should be prepared to provide a full medical history, including any family history of colorectal cancer or related conditions, as these factors can influence the likelihood of developing the disease.
During the consultation, the physician may recommend diagnostic tests such as a stool test, colonoscopy, or imaging studies to evaluate for potential signs of cancer. Patients should ensure they follow through with these recommendations and ask questions about the results and next steps. If initial tests suggest abnormalities, they should advocate for timely referrals to specialists and further diagnostic testing as needed.
It is important for patients to be proactive in their care. This includes keeping detailed records of their symptoms, test results, and conversations with healthcare providers. If they feel their concerns are not being adequately addressed, they should consider seeking a second opinion from another physician. Early and proactive involvement in their care can help patients achieve better health outcomes and ensure that potential colorectal cancer is identified and treated as quickly as possible.
Medical Malpractice Related to Colorectal Cancer
Medical malpractice in the diagnosis and treatment of colorectal cancer can take many forms, each potentially leading to devastating consequences for the patient. One common issue is the failure to recommend or perform routine screenings, such as colonoscopies, for patients who meet age or risk factor criteria. Early detection is critical in colorectal cancer, and neglecting these screenings can delay diagnosis until the disease has progressed to a more advanced and less treatable stage. Another frequent form of malpractice involves misinterpreting diagnostic tests, such as imaging or biopsy results, or failing to recognize red flags in laboratory reports. These errors can lead to a failure to identify the presence of cancer or a delay in starting appropriate treatment.
Additionally, healthcare providers may disregard or minimize symptoms reported by the patient, such as rectal bleeding, changes in bowel habits, unexplained weight loss, or persistent abdominal pain, attributing these symptoms to less serious conditions without proper investigation. Even when preliminary test results suggest the possibility of cancer, insufficient follow-up—such as failing to order further diagnostic tests or referrals to specialists—can significantly impact a patient’s outcome. In some cases, errors occur during treatment, including improper surgical techniques, delays in initiating chemotherapy or radiation, or inadequate management of complications.
Each of these lapses represents a breach of the standard of care expected from medical professionals. When these errors result in harm, such as a missed opportunity for early diagnosis or a worsened prognosis, patients and their families may have grounds to pursue a medical malpractice claim. It is essential for medical providers to adhere to established protocols and remain vigilant in the assessment and treatment of colorectal cancer to ensure patients receive timely and effective care.
These cases underscore the critical importance of timely and accurate diagnosis and treatment of colorectal cancer. Delays can lead to advanced disease stages, significantly impacting patient outcomes and resulting in substantial legal settlements.
How Do You Determine if Medical Malpractice Caused a Delay in Diagnosis of Colorectal Cancer
Determining whether medical negligence occurred in the diagnosis or treatment of colorectal cancer requires a thorough review of the patient’s medical history and the care they received. Negligence typically involves a failure to meet the accepted standard of care that a reasonably competent healthcare provider would have provided under similar circumstances. Patients or their families can begin by examining whether routine screenings, such as colonoscopies, were appropriately recommended based on the patient’s age, symptoms, and risk factors, and whether these procedures were performed correctly and interpreted accurately. They should also consider whether symptoms such as rectal bleeding, abdominal pain, or changes in bowel habits were properly investigated, and whether diagnostic tests were ordered and followed up on in a timely manner. If test results indicated potential cancer, a failure to recommend further testing or a referral to a specialist may indicate negligence. Additionally, treatment delays, errors during surgery, or improper administration of chemotherapy or radiation therapy could also signify malpractice.
To confirm negligence, patients and families should consult with experienced medical malpractice attorneys who can work with medical experts to evaluate the care provided. These experts can review medical records, identify deviations from the standard of care, and determine whether those deviations contributed to harm or worsened the patient’s condition. If negligence is suspected, legal action can help patients and their families seek compensation for medical expenses, lost income, pain and suffering, and other damages caused by the delayed or improper diagnosis and treatment of colorectal cancer.
Noteworthy Legal Cases
Significant settlements and jury verdicts have been awarded in medical malpractice cases involving delayed diagnosis or treatment of colorectal cancer, reflecting the serious consequences of such delays. In one case, a 60-year-old man underwent a colonoscopy due to rectal bleeding, which was reported as normal despite suboptimal preparation. Eighteen months later, he was diagnosed with stage IV colon cancer and, despite aggressive treatment, passed away three and a half years later. The case settled for $1 million shortly before trial.
Another case involved a 42-year-old patient who reported rectal bleeding to his primary care physician but was not referred for a colonoscopy. Over two years later, he was diagnosed with advanced colorectal cancer, which had metastasized. The lawsuit alleged that earlier screening would have led to a curable diagnosis, and the case settled for $4.5 million after mediation.
In a separate instance, a patient with a family history of colon cancer and ulcerative colitis underwent regular colonoscopies. A 2016 pathology specimen indicated “indefinite dysplasia,” but this was not noted in his medical record, and he was informed that his results were normal. A follow-up colonoscopy was not performed as recommended. In 2021, he was diagnosed with metastatic colon cancer. The lawsuit alleged that the delayed diagnosis was preventable, leading to a $1.5 million settlement before trial.
Seeking Legal Help
Understanding the seriousness of colorectal cancer and the importance of early detection can save lives. If you suspect a delay in diagnosis or treatment of colorectal cancer due to medical negligence, it is crucial to seek expert legal advice. Contacting a specialized firm like Lupetin & Unatin can ensure thorough case evaluation and guidance on potential compensation.
Lupetin & Unatin has extensive experience in managing cases of medical malpractice involving misdiagnosis or delays in diagnosing colorectal cancer. We understand the complexities involved in these cases and are committed to achieving justice and appropriate compensation for our clients.