Confidential
Settlement – $350,000Facts
On Oct. 22, 1997, the patient, age 45, went to an HMO clinic for a new patient visit. The physician diagnosed
external and internal hemorrhoids. GUIAC testing was negative. The physician prescribed a salve. For the next
eight months, the decedent experienced red blood and eventually difficulty passing stool.
Examination on Aug. 4, 1998, revealed a very tight rectal sphincter, with a 1 cm hard mass noted in the
internal rectum. The patient was referred for surgical consultation, leading to diagnosis of adenocarcinoma of
the distal rectum, with extension to the anus and perirectal tissues. The patient was treated with radiation and
chemotherapy.
The patient died on June 12, 1999, due to metastatic rectal cancer. The decedent was survived by her husband,
adult son and adult daughter. The plaintiffs contended that the physician should have ordered a flexible
sigmoidoscopy, followed by appropriate referral.
Settlement Discussions
The plaintiffs demanded $400,000. The defendant offered $350,000.
Specials in Evidence
$23,000 (per year)
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