Case Results
Gordon and Silber Successfully Defends
Doctor in Claim He Failed to Timely Diagnose Colon Cancer —
July 2006.
Type of Case: Medical malpractice.
Alleged delay in the diagnosis of colon cancer in a 38-year-old
male leads to spread of disease.
Venue: New York Supreme Court,
Kings County.
Background Facts: The plaintiff
alleged that our client failed to make a timely request for blood
work, which would have resulted in an early diagnosis of his colon
cancer. The plaintiff also alleged that our client failed to order
a timely colonoscopy after the blood work was obtained.
Special Problems: Despite our
client's claims that he had instructed the plaintiff to return for
additional testing, this was not documented in the chart.
Our Strategy: We argued that
the doctor fulfilled his obligation and conformed to accepted standards
of medical practice by recommending further and expedited testing.
We argued that the plaintiff failed to fulfill his obligation to
adhere to the doctor's instructions. Despite the absence of the
doctor's recommendations in the plaintiff's chart, we were able
to establish on cross-examination, that our client had discussed
with him the need for a colonoscopy. Also on cross-examination,
the plaintiff's wife admitted that her husband had missed a key
appointment, which prompted the doctor to call them, thereby demonstrating
that the doctor was trying to expedite testing.
Result: The jury came back
with a defense verdict, finding that although our client had committed
one deviation (the failure to follow-up with a referral), it was
not the proximate cause of the plaintiff's injuries.
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