A Terre Haute man who is dying of colon cancer successfully sued his doctor for medical malpractice after his deadly disease was not diagnosed through tests.

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Indiana Accident News

Terre Haute Man Wins Med Mal Lawsuit About Undiagnosed Colon Cancer


Posted on Mar 26, 2011

A former Indiana police officer was awarded $2.5 million in a Terre Haute medical malpractice lawsuit settlement this week. The man, who is dying of colon cancer, argued that his life could have been saved if his doctor had run several key tests on him after he showed symptoms of the cancer.

When the man, Jeffrey Davis, went to the doctor in 2004, he complained about several serious symptoms, including rectal bleeding and stomach pains. His doctor gave him an upper GI test, but failed to order a colonoscopy or sigmoidoscopy, two tests that would have found the cancer. A year later, after Davis had moved from Indiana, he went to another doctor with the same complaints. This time the doctor did run the tests and discovered that the man had Stage 4 colon cancer that was not curable.

Now, with a prognosis that he will live less than a year, Davis, now 42 years old, is suing the Terre Haute doctor for medical expenses, pain and suffering, and decreased life expectancy. While Davis and his Indiana medical malpractice attorney asked for $3.1 million in damages, the six-person Terre Haute jury awarded him $2.5 million. Indiana’s medical malpractice cap will further reduce the amount to $1.25 million in damages. The jury deliberated for six hours.

Davis’ medical malpractice lawyer told news outlets that he was pleased with the outcome of the case and believes that the jury made the right decision.

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