MD ordered to pay $75K after late cancer diagnosis caused unnecessary pain, suffering before patient died

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This article was published 11/12/2023 (668 days ago), so information in it may no longer be current.

A judge has ordered a Manitoba doctor to pay $75,000 in damages after ruling his late diagnosing of cancer caused a patient unnecessary pain and suffering before his death.

Lindsey Shaun Tripp was diagnosed with colon cancer in late 2018 and died Feb. 22, 2022, at age 57.

Tripp filed a malpractice lawsuit against Dr. James Ross in June 2020, but died before the case came to trial earlier this year.

Lawyers for Tripp’s family argued Ross’s delayed diagnosis contributed to his death. Ross admitted he was negligent in treating Tripp, but argued an earlier diagnosis would not have prevented Tripp’s death.

“I find that the late diagnosis of the disease did cause Mr. Tripp additional pain and suffering for which he should be compensated, but that it did not cause his untimely death,” King’s Bench Justice Shawn Greenberg said in a written ruling released Dec. 1.

A lawyer for Ross declined comment Monday.

Court heard at trial Tripp visited his family doctor in December 2017 complaining of rectal bleeding and abdominal cramps, and was referred to Ross, who on Jan. 12, 2018, performed a colonoscopy and removed five polyps, which were biopsied.

Ross saw Tripp again two weeks later and told him that one of the polyps had low-grade dysplasia, creating a risk for the development of cancer. Ross told Tripp, whose symptoms by this time had improved, to see him again in a year.

By March, Tripp was again experiencing episodic abdominal pain and rectal bleeding. He saw Ross again on Aug. 10, at which time a CT scan confirmed the presence of a tumour on Tripp’s colon and other abnormalities, including enlarged lymph nodes.

“Dr. Ross admits that he was negligent in the manner in which he performed the colonoscopy,” Greenberg said. “It appears that, once he found the five polyps, he assumed he had found the source of Mr. Tripp’s bleeding and did not continue the colonoscopy. It is not disputed that, had he continued the colonoscopy, he would have seen the tumour.”

“Dr. Ross admits that he was negligent in the manner in which he performed the colonoscopy.”–King’s Bench Justice Shawn Greenberg

Tripp underwent surgery Oct. 9, 2018 to remove the tumour, along with 40 per cent of his pancreas, his spleen and most of his lower bowel. All of the tumour could not be removed, as it had attached to both the pancreas and spleen.

In November, Tripp commenced several rounds of chemotherapy and over the next several months was in and out of hospital for treatment of post-surgery complications, including a perforated bowel, a non-functioning pancreas and diabetes.

The trial heard testimony from two medical experts, one for the defence, who told court the cancer had likely already spread to Tripp’s liver by the time he first visited Ross, greatly reducing his chances of survival. A doctor testifying on behalf of Tripp’s family told court Tripp would have had a 30 per cent chance of survival had the tumour been detected in January 2018.

“They say there is no evidence that Mr. Tripp would not have been in that 30 per cent group, that is to say, on the good side of the statistics,” Greenberg said. “But to meet the standard of proof, the plaintiff must show that Mr. Tripp would have had a greater than 50 per cent chance of survival, and this they have not done.”

Both doctors testified the delay in diagnosis allowed the tumour to grow, making surgery more complicated.

dean.pritchard@freepress.mb.ca