Physician Settles With Patient For $850,000 After Not Diagnosing His Cancer Before It Spread

This year about fourteen percent of the one hundred ninety three thousand males who

learn they have prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the onset of symptoms, including digital examinations and PSA blood tests, many of these males could have been diagnosed when their cancer was in the early stages. A delay until the cancer is advanced not only limits the man's treatment possibilities but also dramatically lowers his odds of surviving the cancer. Consider the following published lawsuit to illustrate.

While performing a physical examination on a 56 year old male patient, a physician noted a small nodule on the left side of the prostate. The doctor ordered a PSA test which came back as 3.1 - or within normal range. The physician did nothing else at the time. Just about 3 years went by. The physician once more conducted a physical examination and records that the prostate is normal. This time, the doctor fails to order the test. The patient saw by a different physician about 6 weeks later as part of an insurance mandated medical examination. This doctor ordered the test which registered at 5.3. This is considered high. The man then consulted with his regular doctor's practice and was told to come back so they can take their own PSA test. This test came back a 3.5 - within normal range. The doctor told the patient not to worry and that no further action needed to be taken.

Once more, almost three years went by until the doctor next screened the patient. The physician again records the nodule. The physician then ordered a PSA test that came back at 4.7 - elevated. The physician does not tell the man and does nothing further regarding these 2 abnormal test results. Close to two years after the physical examination shows that the prostate not only had a nodule, but was firm on the side of the nodule and was enlarged. The PSA test now revealed that the level had gone up to 14.1. This time, the doctor finally refers the patient to a Urologist who diagnoses the patient with stage 4 prostate cancer that had reached the bones around pubic area and the top portion of his right leg.

A malpractice lawsuit followed in the process of which the physician admitted that the presence of the nodule indicated an abnormal finding. The law firm that helped the man and his wife reported that the lawsuit was resolved in the sum of $850,000. This sum included $250,000 for non-economic damages and $250,000 for the wife's future wrongful death claim. This is the top amount that can be recovered for those claims under the controlling law.

by: Joseph Hernandez

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