Years Of Physician Ignoring Abnormal Test Results Leaves Patient With Advanced Prostate Cancer

This year an estimated 14% of the one hundred ninety three thousand men identified

as having prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With screening, including digital examinations and PSA blood tests, a number of these males might have been diagnosed before the cancer progressed to an advanced stage. A delay until the cancer is advanced does not merely restrict the man's treatment options but also drastically reduces his chances of surviving the cancer. Consider the following published case to illustrate.

While conducting 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 the results of which showed the level to be 3.1 - or within normal range. The physician took no further action at the time. Nearly three years went by before the physician again did a physical examination and records that the prostate is normal. This time, the doctor fails to order a PSA test. The man consulted with by a second physician about 6 weeks later as part of an insurance mandated medical examination. This doctor ordered a PSA test which comes back at 5.3 - elevated. The patient then contacted his regular doctor's office and was told to return so they can do their own PSA test. This test returned a 3.5 - in normal range. The physician assured the patient there was no need for concern or for any follow up.

Again, almost 3 years passed before the doctor next screened the patient. The doctor again records the nodule. The doctor then ordered a PSA test that registered at 4.7 - high. The physician fails to notify the patient and does nothing further regarding these two abnormal test results. Close to 2 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 at this point shows the level at 14.1. On this occasion, the physician at last refers the patient to a Urologist who finds that the patient has advanced prostate cancer that had reached the bones in his pubic area and the upper portion of his right leg.

An action for medical malpractice followed during which the doctor admitted that the existence of the nodule indicated an "abnormal" finding. The law firm that handled this matter reported that the lawsuit was resolved for a total amount 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 most that can be recovered for those claims under the controlling law.

by: Joseph Hernandez

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