Man Diagnosed with Cancer After Doctor Failed to Warn of Risk; Settled for $750,000

02-09-2012
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Hodes Milman Liebeck represented a patient who was diagnosed with cancer after a gastrointestinal (GI) physician failed to properly warn him that he was at risk, indicated by a test three years prior.  During a visit to the GI physician, the patient underwent a colonoscopy that identified a small mass, which was correctly interpreted by the GI physician as a risk for colon cancer.  The GI physician indicated that he had informed the patient and his family about the risk of cancer, but the patient never received, and the family denied receiving such notice.  Three years later, a different physician performed another colonoscopy on the patient, which revealed that the patient had cancer.  Hodes Milman Liebeck attorneys contended that, had the GI physician properly informed the patient of his cancer risk, the patient would have sought a surgical consult and his cancer would not have spread.  Claims were also brought against the Primary Care Provider, as a dispute existed regarding its ability to refer the patient to a specialist within the HMO system.  Hodes Milman Liebeck settled the case for $750,000 on behalf of the patient.

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