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New York Personal Injury Attorneys

SPBMCC Member Elizabeth Montesano Obtains $1 Million in Delayed Diagnosis Case

September 16, 2023 in

On July 21, 2023, SPBMCC Member Elizabeth Montesano successfully obtained a $1 million settlement for the family of a woman who died after receiving a delayed cancer diagnosis.

37-Year-Old Mother Dies After Seeking Treatment

In 2017, a 37-year-old married working woman with two small children presented to her primary care physician complaining of abdominal pain, bloating, diarrhea, and constipation. Despite advising this physician of a strong family history of colon cancer and a history of anemia, her complaints were dismissed as reflux, irritable bowel syndrome, and constipation. She was never advised that her complaints could be due to colon cancer, referred to a GI specialist, or told to have a colonoscopy or CT Scan.

This negligence in her care led to an unnecessary delay and advancement of the woman’s condition to Stage IV colon cancer and her eventual death. She leaves behind her husband and two children, ages 6 and 8 years old.

Condition Escalates to Stage IV Colon Cancer

The decedent also presented to the emergency department twice with severe abdominal pain. At each visit, CT Scan tests were performed that showed “diffuse wall thickening and adjacent inflammation compatible with colitis.” She was discharged and told to follow up with her primary care physician for a diagnosis of colitis that was being treated with oral antibiotics.

However, the decedent’s husband testified that his wife was not recommended to see any specialist or have any follow-up testing done by the emergency department physicians. Instead, they told his wife that colitis can be treated with dietary changes.

Eventually, the decedent underwent a colonoscopy which diagnosed a large cancerous tumor. Further CT Scan testing showed liver metastases and a Stage IV cancer diagnosis was made. In less than a year, the cancer ultimately took her life.

Elizabeth Montesano Successfully Represents the Plaintiff

The patient’s husband testified that she was never referred for any tests and was told that her complaints were all explained by irritable bowel syndrome and not to worry. Office records documented neither a recommendation for further treatment nor any follow-up with the patient regarding alleged referrals and recommendations. SPBMCC attorney Elizabeth Montesano, Esq., represented the patient’s family and successfully negotiated a $1 million settlement during discovery.

Learn More About Firm Member Elizabeth Montesano

Elizabeth Montesano, a member of the firm, is a vigorous advocate for people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. She handles all types of medical malpractice cases, including birth injuries, delays in cancer diagnosis, and surgical and cardiac cases. To learn more about Firm Member Elizabeth Montesano, click here.

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