|Gorovitz & Borten, P.C.
Attorneys at Law
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Tel: (781) 890-9095
|Failure to Diagnose
The decedent was 54 when he began treating with the defendant
primary care physician. Between April 1995 and May 2001, the
man had 21 documented patient encounters with the physician.
The patient complained of a history of blood in his stool for five
years and repeat episodes of rectal bleeding and epigastric pain.
However, the doctor did not perform any diagnostic examinations to
identify the source of man's recurrent rectal bleeding and
On May 29, 2001, the patient underwent a colonoscopy that
detected a large rectal mass. On May 31, he underwent a right
colon resection with enblock resection of the abdominal wall and
ileocolostomy. The post-operative diagnosis was: "carcinoma of the
cecum infiltrating into the lateral and posterior abdominal wall."
The tumor was sized at 8.3 x 5.0 x 2.4 cm, staged at pT3 and
approximately 90 percent of the circumference of the bowel was
The patient underwent further surgeries in 2004 and 2005, which
diagnosed metastatic invasion of several critical organs. His
physical and emotional well-being continued to deteriorate, and he
died on Aug. 22, 2005, four years after being diagnosed with colon
The plaintiff's expert was prepared to testify that the decedent
should have had appropriate diagnostic examinations that would
determine the cause of the bleeding and the pain. The plaintiff's
expert was also prepared to testify that the physician's failure to
perform the diagnostic tests and appropriate workup, given the
patient's age and repeat complaints, was a clear deviation from the
accepted standard of care.
Following consideration by a medical malpractice tribunal, but prior
to the commencement of the Defendant-physician's deposition, the
case was mediated and settled at mediation for $625,000.
If you, your child or a member of your family have been injured as a
result of a failure to diagnose colon or rectal cancer, deficient
medical treatment or failure to be properly treated, please let Dr.
Borten and our Boston area medical malpractice attorneys evaluate
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