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My Colorectal Cancer Was Blamed on IBS for Years — Can I Sue My Doctor?

Can You Sue If a CT Scan Failed to Catch Lung Cancer

If your doctor blamed colorectal cancer on IBS for years, the cancer had the chance to grow undetected. You are likely worried about your health and potential survival. In these situations, you may be able to hold a negligent healthcare provider responsible for the harm you’ve suffered. Still, you will likely need the help of an experienced medical malpractice attorney. 

For 40 years, the medical malpractice attorneys at Powers & Santola, LLP have represented patients and families harmed by medical negligence throughout New York State. Our lawyers have extensive experience handling complex medical malpractice claims involving misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, birth injuries, and other preventable medical errors. Our attorneys have been repeatedly recognized in The Best Lawyers in America, named Lawyer of the Year, selected as Super Lawyers, and our firm has been nationally recognized among Best Law Firms for representing individuals injured by medical malpractice. If you or a loved one suffered harm because IBS was misdiagnosed or another serious condition was overlooked, we invite you to contact us for a free, confidential consultation to discuss your legal rights.

The Basics of Colorectal Cancer

To understand how misdiagnoses between colorectal cancer and irritable bowel syndrome occur, it’s essential to understand the differences between these two medical conditions. Colon cancer refers to a type of cancer that forms in the colon, including cancers of the rectum, which is the final section of the large intestine. Cancers that form in the colon or rectum are referred to as colorectal cancer.

According to the American Cancer Society, colorectal cancer is the third most common type of cancer diagnosed in the United States (not counting skin cancers). The organization estimates that 108,860 new cases of colon cancer and 49,990 new cases of rectal cancer will be diagnosed in 2026 and that approximately 55,230 people will die from colorectal cancer in 2026. Colorectal cancer is the third-leading cause of cancer-related deaths in men and the fourth in women.

Colorectal cancer is an aggressive form of intestinal cancer, so early detection and prompt treatment are critical to surviving this disease. Colon cancer is divided into the following stages based on the number of intestinal wall layers and other areas of the body that the cancer has spread through:

  • Stage I: This is the earliest stage of colon cancer. In this stage, the cancer has grown in the intestinal lining, but it has not penetrated the intestinal wall’s inner layers.
  • Stage II: In this stage of colon cancer, the cancer has spread into the muscular layer beneath the intestinal lining.
  • Stage III: Here, the cancer has spread into the muscular layer’s connective tissue or into the abdomen.
  • Stage IV: In this stage, the cancer has spread to distant organs or structures.

One of the reasons that colon cancer can advance to later stages is that many people do not experience symptoms during the early stages of the disease. Those who do may experience the following:

  • Bloody stools
  • Changes in the size, shape, or consistency of stools
  • Bowel changes, such as diarrhea or constipation
  • Bleeding from the rectum
  • Abdominal pain, cramps, or gas
  • Unexplained weight loss
  • Fatigue or weakness that doesn’t subside

The Basics of IBS

Irritable bowel syndrome (IBS) involves a combination of symptoms such as:

  • Abdominal pain
  • Changes in bowel movements, such as alternating between constipation and diarrhea
  • Bloating
  • Gas

The severity of symptoms depends on gut sensitivity and can be influenced by external factors affecting the patient’s physical and emotional health.

This medical condition usually involves the brain and nervous system affecting the gastrointestinal system. 

Why Colorectal Cancer Might Be Misdiagnosed as IBS

A misdiagnosis occurs when the patient is diagnosed with a condition that they don’t have. For example, if you have colorectal cancer, but a healthcare provider diagnosed you with IBS, this is a misdiagnosis. Misdiagnoses can be one of the most harmful types of diagnostic errors because patients are not receiving the medical treatment that they actually need and are, instead, receiving unnecessary and potentially harmful medical treatment for a condition that they don’t have. 

Misdiagnoses can occur for several reasons. Many people do not have symptoms during the early stages of colon cancer. When they do experience symptoms, these may vary significantly from one patient to the next. Doctors may jump to the most likely scenario instead of investigating if the patient has colon cancer.

IBS is one of the most common conditions that healthcare practitioners use to explain away colorectal cancer symptoms. Another reason why a patient might be misdiagnosed with IBS instead of colon cancer is that the symptoms for these two medical conditions can be similar. Overlapping symptoms of these two conditions might include: 

  • Changes in bowel movements
  • Constipation
  • Cramps
  • Passing gas significantly more than usual
  • Abdominal discomfort and pain
  • Fatigue

Doctors are trained to look closely at the patient’s symptoms and use a differential diagnosis to determine the condition the patient actually has, ruling out conditions as they gather more information and test results until only the correct diagnosis remains. 

Physicians may fail to include colon cancer in a differential diagnosis. They could also overlook or misinterpret test results. Fatigue, communication problems, and inexperience dealing with cancer symptoms can all contribute to these diagnostic mistakes.

Diagnosing Colon Cancer and Irritable Bowel Syndrome 

Even though IBS is the more common condition, doctors are obligated to rule out other more serious medical conditions before they treat symptoms as IBS. Colon cancer can be diagnosed by recognizing the symptoms of the condition or through routine colonoscopy screens. 

A colonoscopy is a medical procedure in which a camera is attached to a tube and inserted into the patient’s rectum. Healthcare providers look for abnormalities, such as polyps. A tissue sample of these polyps can be taken and tested later to identify cancer.

Doctors sometimes use a computerized tomography (CT) scan or a virtual colonoscopy, which are less invasive options and can produce multiple images of the patient’s colon that the healthcare professional can analyze for abnormalities.

Another option is to send in a fecal sample. A laboratory analyzes the samples to identify abnormal cells and blood. If an abnormality is detected, the patient is referred for a colonoscopy. Once colon cancer is diagnosed, a treatment regimen is developed with the patient. 

Diagnosing IBS goes through a much different route. There is no specific test for IBS. The condition is often diagnosed by reviewing a patient’s medical history and symptoms. Doctors may perform a physical exam, which might check for bloating, tenderness, and abdominal sounds. IBS might also be noticeable by mucus in the stool and bloating. Symptoms may increase around the time of menstruation. 

Doctors may perform blood and stool tests, but these tests mainly exclude other health conditions. Doctors should rule out alternative conditions before diagnosing IBS, such as:

  • Colon cancer
  • Ulcers
  • Anemia
  • Digestive disorders
  • Inflammatory bowel disease
  • Appendicitis
  • Infection
  • Pancreatitis

Doctors could also run breath tests to identify any excess bacteria in the intestines and lactose intolerance. 

Doctors often look to symptom patterns to diagnose IBS. They may look for ongoing symptoms for at least six months. 

Negative Effects of Letting Colorectal Cancer Go Undetected and Untreated

When physicians fail to follow proper protocol to diagnose colorectal cancer accurately, patients’ lives are at risk. Patients can face deadly consequences if colon cancer is allowed to grow undetected. The cancer can spread to other parts of the body and can become incurable. Patients who have later stages of colon cancer have much lower survival odds than patients with earlier stages.

Even when cancer is not fatal, the consequences of a delay in diagnosis and treatment can still be severe. Advanced colon cancer cannot be treated laparoscopically. Patients who suffer from a delayed diagnosis or misdiagnosis may have to undergo chemotherapy, radiation, and surgeries. Additionally, they have an increased chance of having the cancer return after it goes into remission. 

When a doctor fails to detect colon polyps within a reasonable time, the victim may suffer harm for which they can seek legal redress through the filing of a medical malpractice claim. 

Damages Recoverable After a Misdiagnosis of Cancer

Affected patients can seek compensation for the damages that they suffered due to the misdiagnosis, such as:

  • Medical expenses for additional surgeries, chemotherapy, radiation, or other medical treatments 
  • Lost wages for when you were receiving medical treatment or unable to work due to your more advanced form of cancer
  • Physical pain and suffering
  • Emotional distress as you grapple with having a serious illness

Contact an Experienced Medical Malpractice Lawyer for Help with Your Misdiagnosis Case

If you were misdiagnosed with irritable bowel syndrome instead of colon cancer and subjected to more aggressive treatments, decreased survival odds, and pain and suffering, a medical malpractice attorney from Powers & Santola, LLP can help. We provide our clients with dedicated and unwavering legal representation so that they can focus on their health and recovery. Contact us today for a free and confidential consultation. 

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