Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Failure to Diagnose Colon Cancer case verdict is $1.25 million

Here is an example of a medical malpractice case where a gastroenterologist was accused of failure to diagnose colon cancer in a timely fashion resulting in the patient developing stage four cancer.

On April 12, 2012, the Court of Appeals of Indiana upheld a $1.25 million verdict in which the 35-year-old plaintiff Jeffrey Wayne Davis, alleged that his gastroenterologist failed to timely diagnose his colon cancer. The verdict had already been reduced from the original verdict of $2.5 million pursuant to Indiana’s Medical Malpractice Act which has a $1.25 million cap on medical damages.

In April 2004 the plaintiff visited a gastroenterologist who had previously treated the patient’s mother. The patient's complaints included upper stomach pain, nausea, and occasional vomiting, rectal bleeding, and diarrhea.

The gastroenterologist examined the patient and ran several tests including:

  • a digital rectal exam
  • a hemoccult test that checks for blood in the stools (which was negative)
  • an endoscopy procedure known as an EGD (commonly called “an upper GI”) 

However, neither a sigmoidoscopy nor a colonoscopy was ordered at that time.

Two years later the patient came under care of a new gastroenterologist who did perform a colonoscopy on the patient which revealed a large mass lesion that was removed. The patient was diagnosed with stage four cancer.

If you or a loved believe that you may have been the victim of medical malpractice when your doctor or medical provider was guilty of failing to diagnose your medical condition, then you may be eligible for damages. The Sweeney Law Firm can review your case at no charge to determine if you have a case. The Sweeney Law Firm never charges a fee unless a recovery is made for you.