Plaintiff suffered rectal bleeding, narrowed stool and constipation for between 1 to 2 years. He was found to be slightly anemic about a month earlier. He underwent colonoscopy by the defendant gastroenterologist. No polyps or lesions were found. No bleeding was seen. No hemorrhoids were present. The plaintiff was given instructions by the physician to return for care, if his problems recurred.

They did recur. The plaintiff had increasing rectal bleeding, constipation and narrowed stool for the next 5 months, at which time he was seen by a new primary care physician, who was not a defendant. He did not tell the primary care physician of his continued problems. He was still slightly anemic.

He saw the same new doctor 2 months later. That doctor noted rectal bleeding on exam, anemia and a lesion in the rectum. He urged plaintiff to have follow up care. Plaintiff agreed to see a gastroenterologist. Four months later plaintiff was back to the new doctor. He had not followed up about the on going problems. The new doctor charted this and referred plaintiff for immediate evaluation.

On sigmoidoscopy and pathology evaluation within a few days, adenocarcinoma was diagnosed. The plaintiff went on to have chemo and radiation treatment before permanent colostomy and subsequently small bowel resection. Metastases to the lungs were diagnosed, and by start of trial the plaintiff had a 6 month life expectancy.