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B.C. woman sues after alleged clerical error delays cancer diagnosis

A retired nurse diagnosed with anal cancer has filed a lawsuit against four doctors and a health authority after a delayed cancer diagnosis.
kelowna-general-hospital
Kelowna General Hospital.

An Okanagan woman is suing Interior Health and four doctors over claims that a clerical error led to delays in detecting her cancer.

In a notice of civil claim filed Dec. 1, the retired nurse alleges she was referred to a colorectal surgeon on June 15, 2019. Castanet is not naming the woman due to the sensitive nature of her illness.

On July 30, 2019 the woman had a colonoscopy performed and the surgeon advised the referring doctor that he wanted to see the patient for a follow-up.

The lawsuit claims, however, that the colorectal surgeon’s report was sent by Interior Health to an incorrect doctor. The two doctors that were mixed up have the same surname. The claim alleges the plaintiff’s general practitioner was also copied on the report.

Of the four doctors involved—the referring doctor, doctor who received the report in error, colorectal surgeon and her GP—none followed up with the plaintiff.

The woman became aware of the mix up roughly 16 months later on Dec. 13, 2021, when she had an appointment with her GP due to rectal bleeding.

Further scans and tests took place and in January/February 2022 she was diagnosed with anal cancer.

The lawsuit alleges negligence and is seeking damages for injuries that have continued to cause the plaintiff pain and loss of enjoyment of life.

“It was the responsibility of of the defendant doctors to properly diagnose the plaintiff and to continue to monitor the plaintiff for ongoing symptoms, conduct further investigations and to make timely referrals to the appropriate specialists,” the lawsuit says, further alleging that it was IH’s responsibility to ensure the coordination of the plaintiff’s care.

In addition to Interior Health, the four doctors are named as defendants in the lawsuit. Responses to the lawsuit have not yet been filed.

None of the allegations in the civil claim have been tested in court.