Colon and rectal cancers are highly treatable when detected early. However, when doctors fail to properly diagnose such malignancies, or diagnosis is delayed, it can have devastating consequences, reducing the chance of survival and causing significant suffering and complications. Doctors have an obligation to adhere to established screening protocols and diagnostic practices to ensure timely detection of colon or rectal cancer, and if they neglect to do so, they should be held accountable. If you or someone you love has been harmed by a delayed or missed colon or rectal cancer diagnosis, you have the right to pursue medical malpractice claims against the parties responsible for your losses, and you should speak to an attorney. The skilled Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano LLP Cancer Lawyers are committed to advocating on behalf of people harmed by negligent doctors, and if we represent you, we will zealously pursue any available damages. We regularly represent people in claims in Syracuse, as well as in Rochester and cities across Upstate New York.
Factors that Contribute to a Delayed or Missed Colon or Rectal Cancer DiagnosisSeveral factors can contribute to a delayed or missed colon or rectal cancer diagnosis. Most often, it involves a healthcare provider’s failure to recommend routine screenings such as colonoscopies or stool-based tests like the fecal immunochemical test (FIT) or fecal occult blood test (FOBT). These screenings are essential for identifying colon or rectal cancer in its early stages, especially for individuals over the age of 50 or those with a family history of the disease. A delayed diagnosis may result from a physician not recommending these screenings at appropriate intervals or ignoring symptoms like rectal bleeding, changes in bowel habits, or unexplained weight loss.
Additionally, a missed colon or rectal cancer diagnosis can occur when doctors fail to properly follow up on abnormal test results. For example, a patient may undergo a colonoscopy that detects polyps or other abnormalities, but the doctor might fail to order a biopsy or additional testing to confirm whether cancer is present. In other cases, the healthcare provider may misinterpret or fail to recognize abnormal findings in imaging studies like CT scans or MRI scans, allowing the cancer to progress undetected.
A colon or rectal cancer misdiagnosis can also happen when a doctor attributes symptoms to less serious conditions, such as irritable bowel syndrome (IBS) or hemorrhoids, without conducting the appropriate tests to rule out cancer. When colon or rectal cancer is not detected promptly, it can grow and spread to other parts of the body, significantly complicating treatment and reducing the patient’s likelihood of recovery.
Claims Arising out of a Delayed or Missed Colon or Rectal Cancer DiagnosisA delayed or missed colon or rectal cancer diagnosis can cause irreparable physical harm and significant financial losses. As such, people hurt by such oversights will often pursue damages in medical malpractice lawsuits. Typically, a plaintiff in a medical malpractice case will assert a negligence claim against the defendant.
In Maryland, to show a defendant’s negligence, a plaintiff first must show that the defendant owed them a duty of care. Generally, the duty owed is the obligation to provide care that a competent provider in the same field would offer in the same situation. Next, the plaintiff has to show that the defendant deviated from the standard of care and, therefore, breached the duty owed. In most instances, expert testimony is necessary to both establish the standard of care and the ways in which the defendant failed to uphold it. Lastly, the plaintiff needs to demonstrate they suffered actual damages and show that the defendant’s breach of the duty owed caused the losses they sustained, which usually requires expert testimony as well. A plaintiff who proves a defendant’s negligence may be compensated for their awarded economic and noneconomic harm.
Consult a Capable Medical Malpractice Attorney in Syracuse, or in Rochester or Upstate New YorkA delayed or missed colon or rectal cancer diagnosis can significantly impact your health, well-being, and future. If you or someone you love suffered because of a healthcare provider’s failure to properly diagnose colon or rectal cancer, you should speak with an attorney about what damages you may be able to pursue. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our capable Syracuse medical malpractice attorneys are committed to aiding victims of medical negligence to pursue justice, and if you engage our services, we will work tirelessly to help you seek the results you deserve. We regularly represent people in medical malpractice claims in Syracuse, where our main office is located and in Rochester and other cities in Upstate New York. To schedule a free and confidential consultation, you can use our online form or call us at 833-200-2000.