Faces of Medical Malpractice
Mississippi
Linda Mann
Starkville, MS
 Linda
Mann had chronic stomach problems. Her stomach often hurt, and, more
and more often, she couldn't keep her food down. Linda, a Starkville
homemaker, and her husband, Ancel, became worried as her stomach problems
became worse and worse. Finally, they decided to seek medical help.
In 1996 a battery of medical tests, including a biopsy handled by
a doctor of Columbus Pathology Associates, was conducted. After the
pathologist concluded there was no cancer, Linda's doctors settled
on a diagnosis of Crohn's Disease, a debilitating and painful—but
not fatal—disorder.
Life went on for Linda and Ancel, and Linda's stomach problems continued
to intensify. Linda returned to her doctor regularly with complaints
of stomach pain. Over the next four years, she had four more biopsies,
all of which came back negative for the presence of cancer cells.
Her doctors continued to treat her for Crohn's, but their efforts
had no effect—Linda was in excruciating pain, often waking in
the night in tears. In 1999, she collapsed while she and Ancel were
on vacation.
By February 2000, her doctors were frantic. They scheduled an exploratory
surgery to see if they could find the root of Linda's problems. They
made a horrifying discovery: Linda had advanced stomach cancer. Cancer
had run rampant through her digestive tract, spreading into her colon
and eating through the intestinal wall in several places. At such
a late stage, there was nothing the doctors could do to help her.
Linda passed away in June 2000.
After Linda's death, it was discovered that Linda's pathologist should
have easily discovered the cancer in 1996, when it was still cureable.
Yet, Linda's pathologist admitted that she spent less than 30 seconds
reviewing the biopsies because the company pressured her to review
biopsies too quickly. A profit-driven company, the more biopsies reviewed,
the more revenue.
Linda's death devastated Ancel. Ancel's life revolved around her.
She was his entire world, and her loss left him broken. Ancel's health
immediately went into decline; over the next three years, he slowly
grieved himself to death. In 2002, The Colom Law Firm filed suit against
Dr. Perryman and Columbus Pathology Associates, alleging their medical
negligence caused Linda's death. After conducting discovery and hearing
a trial in August 2003, a confidential settlement was reached on June
20, 2003. Ansel Mann passed away ten days later, having fulfilled
his promise to Linda.
What would a $250,000 cap mean for Linda?
Wil Colom, Co-Chair of AAJ's
Republican Trial Lawyer Caucus and founder of Linda's representing
firm, opposes an arbitrary cap on legal rights because they discriminate
against victims of negligence who may not have lost wages, such
as Linda. A homemaker with no income, a limit on non-economic
damages would have made her life worth no more than $250,000 to
the volume-practice pathologists that spent less than 30 seconds to
determine her fate.
In testimony before the U.S. House Small Business Committee, Colom
said that Congress cannot blame rising doctors' insurance rates on
victims, saying: "There
is no medical liability crisis—only a premium crisis."
AAJ eNews: Insurance
Reform: A Real Solution to Premium Hikes that Protects Patients' Rights
June 2005
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