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Treatment and Screening Guidelines for Colon or Rectal Cancer

Upstate New York Lawyers Helping Malpractice Victims

Colon or rectal cancer can start as polyps in the rectum or colon. When screening is performed early enough, these abnormal growths can be removed before they become cancerous. Early screening and treatment of colorectal cancer can significantly affect prognosis. If you suspect that your primary care physician or oncologist failed to follow treatment and screening guidelines for colon or rectal cancer, and as a result, you suffered more expensive or painful treatment, you should consult the Upstate New York cancer malpractice lawyers at DeFrancisco & Falgiatano. Our experienced trial attorneys can consult with experts to determine whether you have a meritorious case. We understand how to present the technical aspects of cancer diagnosis and treatment to a jury so that they understand what happened to you.

Treatment and Screening Guidelines for Colon or Rectal Cancer

Those who are at least 50 years old must get screened for colorectal cancer. Screenings allow for early detection and treatment. When you have a history of colon cancer in your family, you may need screenings earlier than age 50. Screenings can include a high-sensitivity fecal occult blood test, a stool DNA test, a colonoscopy, or a flexible sigmoidoscopy. These are different procedures, and they may be appropriate at different times and with different degrees of symptom severity. A colonoscopy, for example, involves a health care provider using a tube to search for polyps inside the colon and rectum. The polyps may be removed during the test; in some cases, it should be performed every 10 years, depending on the risks involved in your case.

Colon or Rectal Cancer Malpractice

The mistakes made by an oncologist or primary care physician do not necessarily result in medical malpractice. This is why it is important to work with an experienced attorney who regularly represents clients in this practice area and understands which experts perform well on the stand when explaining medical or technical matters to a jury.

In order to establish a colon cancer malpractice claim, we will need to prove: (1) the doctor was obliged to meet a professional duty of care, (2) the professional duty of care was breached by the defendant, (3) the breach caused harm, and (4) damages were sustained. The professional duty of care hinges on the circumstances. In most cases, it is necessary to retain an expert to look at what the professional duty of care was under the circumstances and whether it was breached. In New York, the professional duty of care is determined by looking at what a reasonably competent physician in the same practice area and geographic location would have done when faced with a similar set of symptoms or problems.


If we are able to establish liability for a failure to diagnose or treat colorectal cancer according to professional standards, we may be able to obtain compensatory damages on your behalf. These are damages intended to put you back in the position in which you would have been had there been no malpractice. They can include both economic and non-economic losses, such as medical bills, out-of-pocket costs, lost wages, pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium. The attorney whom you retain can have a big impact on your non-economic damages award. An experienced attorney will ask you questions to determine the different ways in which the inadequate care for colon cancer affected and harmed your life, and they can present your story to the jury persuasively so that you can obtain the greatest possible damages award.

Retain Seasoned Counsel in Upstate New York for Your Malpractice Lawsuit

To abide by the professional standard of care, your doctors should carefully follow treatment and screening guidelines for colon or rectal cancer. If you suspect that you were injured or a loved one died because of a doctor’s failure to follow the professional standard of care in Upstate New York, you should talk to the seasoned trial attorneys at DeFrancisco & Falgiatano. We represent injured patients and their families in Rochester, Syracuse, Ithaca, Oneida, Canandaigua, Lyons, Utica, Oswego, Lowville, Elmira, Cooperstown, Auburn, Binghamton, Wampsville, Watertown, and Herkimer. Call DeFrancisco & Falgiatano at 833-200-2000 or complete our online form.

Client Reviews
"Mr. Falgiatano was very professional and did an incredible job when he worked with my family on our case. He met with us numerous times and was available when we called with questions. He explained the whole legal process to us and made sure we made the correct decision for my family! I could not thank Mr. Falgiatano enough and he is the only lawyer for my family!" Jeff M.
"Jeff DeFrancisco, Esq. has represented me before on 2 separate legal matters over the years. He did an excellent job on both cases. I highly recommend him and his firm!" Victor S.
"Could not speak highly enough of Attorney DeFrancisco. He was extremely easy to work with and his team was always responsive. Would definitely recommend." Brendan C.