Case details

Patient claimed doctor failed to timely diagnose cancer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, colon, loss of consortium
FACTS
In May 2007 and May 2008, plaintiff Beth Jenkins, a Los Angeles Police Department sergeant, had annual physical exams with her primary care physician, Dr. Karen Allsup. She also had several office visits for acute problems. On Nov. 21, 2008, Jenkins presented to the emergency room at Long Beach Memorial Medical Center with complaints of abdominal pain. A CT scan showed abnormally large lymph nodes in the retroperitoneal region, and it was suspected by E.R. staff that Jenkins had lymphoma or a viral infection. Allsup then saw Jenkins after the patient was discharged from the E.R., and stated that she was under the impression that Jenkins probably had a viral infection, but that she wanted to get the hospital records to be sure. On Jan. 20, 2009, Jenkins returned to Allsup’s office after she was again evaluated at an E.R. for abdominal pain. Allsup subsequently sent the patient to Long Beach Memorial Medical Center, where Jenkins was diagnosed with Stage IV colorectal cancer that metastasized to the retroperitoneal area. Jenkins sued Allsup, alleging the doctor failed to timely diagnose the cancer and that this failure constituted medical malpractice. Jenkins claimed she told Allsup during the annual physical examinations in 2007 and 2008 that she had beet-like redness in her stool following rigorous workouts, but that Allsup failed to investigate the claims by conducting rectal exams or ordering a colonoscopy. She also claimed that Allsup told her not to worry about it because it was common for young women who exercised to have hemorrhoids, which can cause blood in the stool. In addition, Jenkins claimed that Allsup further delayed the diagnosis of her colorectal cancer on Nov. 21, 2008, when she had enlarged lymph nodes shown on the CT scans done in the E.R. Allsup claimed that during the annual physical examinations in 2007 and 2008, she specifically asked Jenkins if she had bowel difficulties, melena (dark stool) or hematochezia (blood in the stool), and that dictated records documented the discussions in which Jenkins denied such problems. Thus, Allsup claimed she complied with the standard of care in not performing rectal examinations or referring Jenkins to have a colonoscopy., Jenkins was diagnosed with Stage IV colorectal cancer that metastasized to the retroperitoneal area. She subsequently underwent chemotherapy and surgery. Jenkins alleged that an earlier diagnosis and treatment of her colorectal cancer would have spared her chemotherapy and its permanent consequences, including frequent bowel movements of three to five times daily and neuropathy in her hands and fingers. She claimed that these disabilities caused her to be off the field in her police duties and ineligible for advancement within the LAPD. She also alleged that the delayed diagnosis resulted in the poor prognosis in terms of her survivability. Thus, Jenkins asked the jury for $97,442 in damages for her past lost earnings, $1,037,495 for her future lost earnings, and $250,000 for her past and future pain and suffering. Her husband, Steven, also an LAPD officer, sought recovery of $250,000 in general damages for his loss of consortium. Allsup contended that Mrs. Jenkins had metastatic colorectal cancer by 2007 and that even if an earlier diagnosis could have been made, the patient would have had the same type of surgery and chemotherapy, with the same prognosis.
COURT
Superior Court of Los Angeles County, San Pedro, CA

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