Outcome
The jury found both defendants negligent. They determined that the decedent had a 45% chance of survival at the time of his first visit, and that his chance of survival was reduced to zero. The jury calculated wrongful death damages at $5,210,000, and later reduced that figure, multiplying it by 45% for a loss-of-chance award. The plaintiff contacted an economist, who estimated the loss of net income and household services at $2 million. The jury also awarded pain and suffering damages, including those associated with “dying of colon cancer.” The total verdict was $4,694,500, and the total judgment was $7,549,142.
Comment
While the initial evaluation seemed reasonable, the patient’s family history of colon cancer, added to the fact that his condition was not significantly improving, should have indicated the need for further testing. It would have been prudent to order CT and an abdominal ultrasound to get a better look at the biliary tree. The rectal exam and fecal occult blood test are mandatory, particularly when ulcer is being considered. Even in a relatively young patient with gastric symptoms, use of chewing tobacco and coffee consumption should not preclude consideration of colon cancer. —RDD