An Illustration Of A Delayed Diagnosis Of Prostate Cancer Case
Nearly all people assume that the sole concern that needs to be considered in a medical
malpractice lawsuit, such as one of a delayed cancer diagnosis, is if the doctor committed malpracitce. When considering whether to help a victim with a claim, though, this is merely one of the factors that attorneys consider. Next, attorneys consider if they will be able to demonstrate causation - a legal phrase that refers to showing that the doctor's mistake was the cause of the harm to the plaintiff. Lawyers also look at whether the the injury is such that the claim has sufficient potential value to be worth the time and expense that will be needed to pursue the case.
In one published lawsuit, a fifty two year old male had his PSA measured by his physician The PSA level was 2.0 at that time. This level is commonly deemed to be well within the normal range. The man's PSA level was retested by the same doctor 2 years after that. This time, however, the result indicated a level of 4.2. This was marked as high in the report provided by the lab that carried out the blood analysis. The man went to this doctor 4 other times in the two and a half years which followed. His physician failed to tell him that the PSA level had been elevated and failed to do more PSA testing during that time. The man next had his PSA tested by the same doctor three years after that abnormal reading. At this point the results showed a PSA level of 5.25. The PSA level had gone up.
This was the first time the physician informed the patient of the prior high level. At this time, the physician sent the man to a urologist. A biopsy disclosed that the patient had cancer. During surgery his doctors discovered that the cancer had already spread to the seminal vesicles and there was evidence of vascular and perineal invasion. Because the cancer had by then started spreading beyond the prostate, the surgery lowered his PSA level but was not able to remove all the cancer. The patient thus underwent hormone therapy. His PSA levels then started to go up post-operatively. This indicates a poor prognosis so that it is improbable that the man will survive 5 years after the surgery.
The law firm that represented the man and his family reported that the case on behalf of the patient and his wife was settled for $550,000. The patient was 60 at the time of the settlement. The agreement left the possibility of a wrongful death lawsuit should the patient not survive beyond the relevant statute of limitations.
As this claim demonstrates, the nature of the injury to the man was not known until the results of the surgery were reviewed and showed that the cancer hadreached areas beyond the prostate. And it was not until the patients PSA levels started to climb after the surgery that the true extent of the harm could be determined. At that point the attorney was in a position to be able to thoroughly evaluate the patients claim. An important teaching point from this case is how the law firm made sure that the man's wife did not lose the right to pursue a wrongful death claim if her husband died of the cancer within the time frame allowed by the Statute of Limitations Of course if there will later be a wrongful death case that can be pursued is determined by a number of factors such as whether the man will die from the cancer or from a different cause and whether it takes place within the time frame allowed by the applicable statute of limitations and statute of repose.
by: Joseph Hernandez
Bipolar: Treatment Plans for Labor Day Weekend Survival Vitamins For Fibromyalgia Patients And Fibromyalgia Natural Treatment Treatment For Trench Mouth Newest Psoriasis Treatment - Psoriasis A Necessity in Sewage Treatments Exploring Dry Salt Inhaler The Natural Asthma Treatment From Salt Pharma Why Go To An Alcohol Abuse Treatment Center? Stakeholder Opinions: Ovarian Cancer - Approaching The Era Of Molecular Targeted Therapy Now Availab Sciatica Treatment Sciatica Treatment - Work Outs That Will With Your Sciatica Heartburn Treatment for Occasional Heartburn Episodes Anxiety Attacks Treatment – Anxiety Attacks Help Anxiety Attacks Treatment – Social Anxiety Disorder Treatment