Cancer: Failure To Diagnose
It is a marvelous thing that many cancers can now be treated with incredible efficacy—but for almost all kinds of cancer, the likelihood of effective treatment increases dramatically if the cancer is diagnosed before it spreads. Missed cancer diagnoses can have devastating results.
At Kolsby Gordon, our legal team includes two board-certified medical doctors who are also fully qualified attorneys. Thanks to this in-house experience and our profound understanding of the legal issues involved in medical cases, we have developed a national reputation for succeeding in the most challenging medical malpractice cases of all kinds.
Failure to diagnose cancer is a distressingly common occurrence—yet often a difficult medical mistake to prove in court. In part, this is because of the legal obligation to prove that something did not happen—rather than did happen.
The challenging nature of these cases does not intimidate our experienced medico-legal team. Recent failure to diagnose cancer cases we have handled at Kolsby Gordon include:
- Seven-Figure Verdict for Failure to Diagnose Melanoma For four years, our client’s treating physician failed to diagnose the deadliest form of skin cancer as it progressed aggressively. By the time it finally was diagnosed, the treatment was extremely late, which diminished the likelihood of our client’s survival.
- Six-Figure Settlement for Failure to Diagnose Breast Cancer In her annual mammogram, our client was diagnosed with breast cancer that had aggressively metastasized, requiring difficult surgery, chemotherapy, and radiation. Later, her radiologist admitted that the tumor had in fact been present a year earlier, but had not been properly diagnosed. The intervening year had reduced the patient’s five-year life expectancy by 65% and caused her significant pain and anxiety.
- Seven-Figure Settlement for Failure to Screen for Fatal Colon Cancer The standard of care dictates annual screenings for colon cancer after age 50. When our client’s husband turned 50, he saw his primary care physician and a specialist approximately every six months for more than three years, yet was never screened for colon cancer. When he was 53, he complained to his doctor of rectal bleeding, and was later diagnosed with inoperable colon cancer that had metastasized to his liver and lungs. He died at age 54, after chemotherapy and experimental treatments failed. Had the cancer been caught earlier through appropriate annual screenings, in all likelihood, he would still be alive today. Kolsby Gordon represented his decedents and achieved a seven-figure settlement.
- Seven Figure Verdict for Failure to Diagnose Cancer An otherwise healthy man had a mole, which his doctor biopsied and sent to the lab. The lab declared it to be cancer-free. Four years later, the man discovered a lump in his armpit. Investigation revealed cancer that had metastasized from the mole to the brain and other organs. Had it been diagnosed earlier, most likely, the treatments would have been highly effective, and the man would have been able to continue enjoying life and supporting himself.
- Our Firm’s Involvement In Failure to Screen for Colon Cancer Even though he was well past his 50th birthday, and had been under the care of the same physician for more than a decade, our client’s husband had never been screened for colon cancer. Only after he complained of abdominal cramps, bloating, and other symptoms to his physician did investigation reveal Stage IV adenocarcinoma. Despite aggressive surgical intervention, he died less than a year after the diagnosis.
