Rectal Cancer Misdiagnosis Lawsuit

This page summarizes a rectal cancer lawsuit filed eight years ago in 2016. The idea is to show you a sample lawsuit to give you an idea of what these claims look like.

Bender v. Frederick Primary Care Associates

This is a failure to diagnose rectal cancer lawsuit filed in Frederick County on February 4, 2016. It was the 55 medical malpractice lawsuit filed in Maryland in 2016.

Summary of Plaintiff’s Allegations

This is a failure to diagnose a rectal cancer case. A married man with two adult children goes to Frederick Primary Care Associates, P.A., a huge primary care provider with nine locations, for a normal routine. His review of symptoms (“ROS”) is negative for rectal bleeding, and his rectal exam is normal.

About a year later, the man presents for a follow-up visit. The Defendant’s doctor notes an onset of rectal bleeding. The ROS notes: “Present – Hemorrhoids and Rectal Bleeding.” The man visited the Defendant doctor four additional times over the next two and a half years. The ROS notes hemorrhoids and rectal bleeding for each visit.

Approximately three and a half years after the man’s hemorrhoids and rectal bleeding are first documented, he goes to a new doctor. When the new doctor sees the man’s rectal bleeding and loose stools, he orders a colonoscopy. Before the colonoscopy can be performed, the man goes to the ER at Frederick Memorial Hospital with complaints of rectal bleeding, chronic diarrhea, and a reported 15-pound weight loss.

The colonoscopy eventually reveals that the man has an ulcerated mass measuring 7 x 4 cm in his rectum. He has rectal cancer and immediately begins radiation therapy while in the hospital. He continues undergoing chemotherapy and radiation for several months as an outpatient. Despite aggressive medical intervention, the cancer spreads throughout his body. He passes away.

The man’s wife and two surviving sons bring a survival action and a wrongful death claim against Frederick Primary Care Associates and the Defendant doctor in Frederick County. They allege that the standard of care was violated when the Defendants failed to arrange a further evaluation of the man’s rectal bleeding and failed to order a colonoscopy in light of the man’s complaints of ongoing rectal bleeding and change in bowel habits.

Had the Defendants complied with the standard of care, more likely than not, the man would have been diagnosed with an early stage of rectal cancer, been given the appropriate treatment, and his condition would not have progressed to an advanced stage of rectal cancer. More likely than not, the man would have survived.

Additional Comments

• Approximately 4.4% of us will be diagnosed with colon or rectal cancer in our lifetimes.
• Colon and rectal cancer are often misdiagnosed as irritable bowel syndrome (IBS), diverticulitis, ulcerative colitis, or, as in this case, hemorrhoids.
• Rectal cancer is distinct from colon cancer. Epidemiological studies often combine colon and rectal cancer and report rates of colorectal cancer. Colon cancer is associated with a family history of colon or rectal cancer (particularly in younger people), obesity, physical inactivity, heavy alcohol consumption, consumption of red or processed meat, and inflammatory bowel disease. Rectal cancer is associated with age and sex. Adenomatous polyps are the leading cause of colon cancer and are associated with tobacco smoking.
• Stage I rectal cancer is very treatable. But if detected in Stage III, as in this case, the patient has a significant increase in the likelihood of recurrence and death.
• There seem to be more people diagnosed with colorectal cancer under the age of 50 who are misdiagnosed, potentially leading to the discovery of their condition at more advanced stages.
• Rectal bleeding is a significant symptom of rectal cancer.

Jurisdiction

• Frederick County

Defendants

• A family medicine doctor
• Frederick Primary Care Associates, P.A.

Hospitals Where Patient Was Treated

• Frederick Memorial Hospital

Negligence

• Failed to arrange further evaluation under the man’s rectal bleeding
• Failed to order a colonoscopy in light of the man’s complaints of ongoing rectal bleeding and change in bowel habits.

Specific Counts Pled

1. Survival Claim
2. Wrongful Death

Plaintiff’s Experts and Areas of Specialty

• David August, M.D. – board certified in internal medicine; licensed to practice in Massachusetts

Four Main Types of Rectal Cancer Misdiagnosis Lawsuits

Rectal cancer misdiagnosis lawsuits typically arise when there has been a failure to diagnose or a delay in diagnosing rectal cancer. These lawsuits are a subset of medical malpractice lawsuits. There are many different types of cases, but our lawyers mostly see rectal cancer malpractice lawsuits that fall into one of these four buckets:

1. Failure to Diagnose or Delayed Diagnosis: This is the most common basis for a colorectal cancer misdiagnosis lawsuit. Like most cancers, the key to rectal cancer is solving the problem from the beginning. When a healthcare provider, usually the doctor, does not catch what should be caught or at least refer you to a specialist, it can significantly delay the diagnosis, leading to a worsened prognosis.
2. Misinterpretation of Test Results: Healthcare professionals often misinterpret tests like colonoscopies, blood tests, or imaging studies, leading to a missed or delayed diagnosis of rectal cancer. Our lawyers also see a lab error claims where the lab made the mistake.
3. Failure to Follow Screening Guidelines: There are established guidelines for rectal cancer screening based on age, family history, and other risk factors. There is no good excuse for a primary care doctor to ignore a guideline. Ignoring these guidelines may lead to a failure to diagnose the cancer early. The problem with these cases is that sometimes he said/she said what the doctor advised the patient.
4. Inadequate Follow-Up: If a patient presents with symptoms indicative of colorectal cancer, it is the responsibility of the healthcare provider to ensure appropriate follow-up testing and referrals and failure to communicate with the referring doctor. Failure to do so can be grounds for a lawsuit.

Getting a Lawyer for Your Malpractice Claim

If you have suffered due to the negligence of a doctor, nurse, or hospital, Miller & Zois can help you. You are entitled to justice and monetary compensation for the needless harm done to you. Miller & Zois has a very long history of results in medical malpractice and nursing home cases in Maryland, earning large verdicts and settlements, including a $10 million verdict in 2016 in a wrongful death case. Call today to speak with a caring medical negligence attorney who will help you at 800-553-8082 or get a free online case review.

More Malpractice Claim Information

• Are you looking for co-counsel to help you fight your client’s medical malpractice claim? Learn about what Miller & Zois can deliver to you and your client to increase the settlement and trial value of your case. Our firm will split attorneys’ fees with co-counsel consistent with the Maryland Rules.
• Learn more about cancer misdiagnosis lawsuits in Maryland
• Cancer misdiagnosis verdicts and settlements in Maryland. How do you put a settlement value on these cases?
• Another Maryland cancer misdiagnosis lawsuit filed earlier this year
• CALL 800-553-8082 or get free online medical negligence, severe injury, and wrongful death claims. Miller & Zois handles medical mistake claims throughout the entire state of Maryland and the District of Columbia.