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Colorectal cancer, like many other forms of cancer, has a high rate of misdiagnosis. In many situations, the misdiagnosis could have easily been prevented through more diligent communication or medical exams. When this happens, patients and their family members have the right to sue for cancer misdiagnosis compensation for their loss and emotional trauma with the help of an experienced medical malpractice lawyer.
If you or a loved one has suffered a colorectal cancer misdiagnosis, Shelsby & Leoni can help you seek justice for your loss. Contact a colorectal cancer misdiagnosis lawyer today for a free consultation.
How Is Colorectal Cancer Diagnosed?
Like other forms of cancer, colorectal cancer is diagnosed through a combination of screening tests, imaging studies, and biopsies. The first step is typically a preliminary appointment with your doctor, followed by one or more medical exams such as fecal occult blood tests (FOBT), stool DNA tests, or sigmoidoscopies. These exams may indicate whether or not a colonoscopy is warranted, however, in others, your doctor may suggest moving straight to a colonoscopy.
While a colonoscopy takes place, the doctor will be looking for any suspicious growths that might indicate cancer. If they find anything alarming, they may biopsy the growth to determine if it is cancerous or not.
Is Colorectal Cancer the Same as Colon Cancer?
Colorectal cancer and colon cancer are closely related but not necessarily the same. The term “colorectal cancer” refers to cancer that starts in either the colon or the rectum, which are both parts of the large intestine. Colon cancer specifically starts in the colon, while rectal cancer begins in the rectum.
Since the colon and rectum are part of the same digestive system and share many of the same functions, the two are often grouped in one term. However, treatment approaches can sometimes differ depending on the exact location of the tumor.
Is Colorectal Cancer Deadly?
It can be if not detected quickly. Colorectal cancer is typically cited as the second leading cause of cancer for men and women in the United States, affecting 1 in 23 men and 1 in 25 women on average.
If left untreated, it can quickly metastasize. When this happens, the chance of survival past 5 years is approximately 13%. However, localized and even regional colorectal cancer has a much more positive outlook, with approximately a 72%-91% chance of survival past 5 years.
Is Colorectal Cancer Genetic?
Colorectal cancer is rarely genetic; however, it is possible. About 5% – 10% of all people diagnosed with colorectal cancer have inherited it from either their mother or father. That said, about 25% to 35% of colorectal cancer cases are familial, meaning that at least two people within the same extended family are diagnosed in these specific cases.
Is Colorectal Cancer Curable?
Colorectal cancer that is localized (meaning it hasn’t spread beyond the bowel) has about a 50/50 chance of being cured. Localized colorectal cancer is typically removed through surgery. As with all cancers, there is still a chance that it can recur, but the survival rate beyond five years is still around 91% if this happens.
How Is Colorectal Cancer Misdiagnosed?
Colorectal cancer is somewhat unique in that its symptoms often mimic many other types of cancer or even benign conditions. Here are just a few conditions that colorectal cancer may be confused with:
- Kaposi sarcoma
- Ulcerative colitis
- Uremia
- Celiac disease
- Crohn’s disease
- Peritonitis
- Intestinal ischemia
- Irritable bowel syndrome
- Hemorrhoids
- Stomach cancer
- Benign polyps
Beyond sharing similar traits with the conditions listed above, colorectal cancer is sometimes asymptomatic, especially in the early stages. This can make it hard to detect if you aren’t already receiving regular cancer screenings. Without early detection, the chances of survival are much lower, and a colon cancer misdiagnosis, late diagnosis, faulty medical exam, or dismissive doctor can all further the risk of colorectal cancer advancing.
How Often Is Colorectal Cancer Misdiagnosed?
According to some studies, the risk of colorectal cancer being misdiagnosed may be as high as 20% of all cases. This is why it’s crucial to speak up if you have persistent symptoms that won’t go away with treatment, such as:
- Blood in your stool
- Diarrhea or constipation that lasts more than a few weeks
- Thinly shaped stool
- Unexplained weight loss
- Abdominal cramps
- Bloating
- Feeling blocked after using the toilet
- Fatigue or weakness
- Anemia
If you feel that your doctor is dismissing your concerns or your treatments aren’t working, it’s time to get a second opinion. Colorectal cancer spreads rapidly, and the faster it’s diagnosed, the more likely it is that your treatment will be effective.
How Can a Lawyer Help with a Colorectal Cancer Misdiagnosis?
Unfortunately, untreated colorectal cancer can advance rapidly from Stage I to Stage IV in only a few short years. When a case of colorectal cancer is misdiagnosed as something else, it can sadly result in a much lower chance of survival. Doctors who ignore their patients’ concerns or are negligent in administering medical exams or analyzing results are not just committing an ethical violation – they may also be liable for any damage that results from their actions.
If your colorectal cancer misdiagnosis resulted in your condition advancing or required that you undergo a more expensive or invasive treatment plan, a med mal lawyer can be one of your most valuable resources. They can advocate on your behalf to help you pursue more effective treatment options. They can also help you and your family seek compensation for the damage already suffered due to your misdiagnosis by hiring medical experts, investigating and building your case, filing paperwork, and providing you with legal advice every step of the way.
Wrongful Death
Sadly, a colorectal cancer misdiagnosis can result in the death of a loved one that might have otherwise been prevented had they been provided with the appropriate care. If your loved one’s doctor failed to administer the correct medical exams, ignored the results, or was dismissive in their communications, you have the right to pursue a wrongful death case against them and compensation for your loss. A cancer misdiagnosis attorney frequently works with families who are grieving the untimely death of their loved one due to a preventable misdiagnosis to help them seek justice for their loss.
Damages You Can Seek for a Colorectal Cancer Misdiagnosis
A successful personal injury suit can be a valuable lifeline to a family or individual who has experienced financial hardship and emotional trauma following a colorectal misdiagnosis. While no amount of cancer misdiagnosis settlement money can bring back a lost loved one or years of a person’s life, it can shoulder their burden through financial stability and give them the resources to heal from the event.
Economic Damages
Economic damages are designed to address quantifiable financial losses that occurred as a result of negligence. In colorectal cancer misdiagnosis cases, this often refers to medical expenses and the loss of income.
For example, a person whose colorectal cancer is misdiagnosed as stomach cancer may undergo an unnecessary surgical procedure or exam in the wrong part of the body. This may result in thousands of dollars in medical bills, only to find out later that they need to spend thousands more on another surgery for a cancer that is now much more advanced. If the misdiagnosis hadn’t taken place, the patient would have spent less money and may have had a better chance of survival.
The same principle applies to earning capacity. A person who delays their cancer treatment due to a cancer misdiagnosis will likely experience prolonged symptoms (such as stomach cramps, irregular bowel movements, and fatigue) that prevent them from working. If a person is the primary earner for their family, this also affects the financial stability of their family members, and if they pass away as a result of a misdiagnosis, their family can sue for the loss of income and any costs associated with their funeral and burial.
Non-Economic Damages
While the financial loss associated with an untimely death or delayed cancer diagnosis can be devastating on its own, nothing compares with the emotional trauma that can follow such an event. To address this hardship and to help them move on, individuals and families can sue for non-economic damages. A few examples that might call for non-economic damages might include:
- The pain and trauma of undergoing unnecessary medical procedures or exams
- A family that has lost their loved one due to negligence
- Disability or chronic pain from taking unnecessary medication
- The emotional trauma of losing years of life due to delayed treatment
- Disfigurement from unnecessary surgeries
- Loss of consortium or the ability to socialize or work
Was Your Colorectal Cancer Misdiagnosed? Talk To Shelsby & Leoni Today
One of the saddest aspects of colorectal cancer misdiagnosis cases is that many families and individuals feel that they have no options. Unfortunately, with colorectal cancer cases, delayed diagnosis can have severe impacts on your health and can even lead to wrongful death.
While considering a cancer misdiagnosis lawsuit against a large medical establishment can seem daunting, you don’t have to do it alone. Shelsby & Leoni has over 20 years of experience representing clients in cancer misdiagnosis cases and has successfully recovered millions of dollars on their behalf. Contact us today to learn how we can get you the resources you need to move on.
