Delay in Diagnosis of Vaginal Cancer

Ms. Ross was a patient of Dr. Anderson for gynecological care beginning on January 1, 1997. Dr. Anderson saw Ms. Ross in the office on 1/10/97, 1/13/98, 5/28/99/ 1/22/01, 9/11/01 and 9/13/01. Additionally, she complained of stomach or bowel pain or problems on 5/28/99 and 1/22/01. However, on 9/11/01, Ms. Ross complained of postmenopausal bleeding and cramps. On this date, Dr. Anderson failed to document that he performed a pelvic exam and adequately visualized the lower genital tract.

On 9/13/01 Ms. Ross presented to the emergency room of a neighboring hospital with a complaint of "bleeding from rectum and vagina."

After experiencing continuous rectal bleeding, on September 24, 2001, another physician examined and diagnosed Ms. Ross with a malignant rectovaginal fistula. On October 1, 2001, this same physician performed a colonoscopy and rectal biopsy confirming this to be a squamous cell cancer originating from the vagina.

On 10/16/01, Ms. Ross underwent a partial colectomy with end sigmoid colostomy. On 10/25/01, one physician noted that, according to his examination, Ms. Ross had a squamous cell carcinoma arising from the vagina and because of its rectovaginal fistula, it was considered stage 4. Ms. Ross would have to undergo severe treatment as a result of this late diagnosis.

Beginning 11/01, Ms. Ross underwent multiple courses of treatment, including five courses of chemotherapy, 4500 rads of external radiation, and 2520 rads of internal radiation. As a result of this treatment, the records reflect that she required pain management due to the severe pain and significant tissue destruction that she experienced.

On 8/9/02, Ms. Ross was evaluated at a neighboring hospital where she underwent an examination under anesthesia. During this time, it was discovered that she had a large rectovaginal fistula in the low rectum measuring approximately 3 cm in diameter.

On 9/20/02, Ms. Ross was again taken to surgery where she had an Abdomino-perineal rescetion of the rectum, including partial vaginectomy. According to the pathology report, Mr. Ross had a total abdominal hysterectomy and bilateral salpingo-oophorectomy with partial vaginectomy.

According to a consulting physician, "The normal vagina is on the average 9cms in length. Two weeks after his [Dr. Anderson] examination the patient was noted to have a 5cms tumor. Aside from the fact that insertion of the speculum must have been of extreme discomfort to the patient, it defies imagination how a tumor, that occupies half of the vagina, was missed." Furthermore, "digital pelvic examination with or without rectovaginal examination, failed to detect a mass the size of a large egg."

Plaintiffs' expert was of the opinion that the lesion was present at or before the 1/22/01 visit. As a result, Dr. Anderson either failed to perform rectal/rectovaginal exams or his pelvic exams fell below the standard of care. This delay in diagnosis allowed this cancer to progress to an advanced Stage, Stage 4.

As a result in the delay of diagnosis of her cancer, Ms. Ross was exposed to both internal and external radiation treatment, chemotherapy and extensive colorectal and vaginal reconstructive surgery. She now has a permanent colostomy and has had multiple complications and side effects that have dramatically affected her life.

As Ms. Ross stated in her deposition, she has problems with her colostomy and sometimes it "blocks up like that and I'm in pain, and other times it's more - it's so loose that it fills up bags, and I can't leave the house; I'm afraid to leave the house. Sometimes I get cramps, and I don't have those muscles, and I can't sit down, and the cramps could last an hour, two hours before it decides to go on its own."

Had Dr. Anderson performed a thorough pelvic exam and rectal exam before and/or during the 1/22/01 visit, Ms. Ross's cancer would have been diagnosed at an earlier stage, with a better chance of survival, and would have required less intensive and invasive treatment. If this had been done, the permanent colostomy, her complications, and debilitating side effects could have been avoided.

The Lewis Law Firm were able to recover a large monetary award as a result of settlement. The battle was far from easy but the reward received was well worth the effort. At the Lewis Law Firm, we go to battle for you.