$1.0 M Settlement Over Delayed Detection Of Prostate Cancer
Prostate cancer is a frightening disease. Even though not perfect there are diagnostic tests that assist doctors to establish whether a patient has the cancer. But as a consequence of the chance of false negatives (a negative test result although the patient in reality has cancer) doctors should follow up and redo tests as appropriate if patient complaints and screening tests keep showing the possibility of cancer. Not doing so may reslt in a malpractice claim.
In one documented lawsuit a patient told his family doctor that he was having urinary frequency and burning. The doctor started the man on antibiotics and refered him to a urologist. The urologist did a cystoscopy which showed that the patient had an enlarged prostate. The urologist also ordered a PSA blood test which came back a 16.3 (a result over a 4.0 is generally considered to be abnormal). Thus the urologist took a biopsy 2 months later. The biopsy was interpreted by a pathologist as exhibiting no indication of cancer.
The following year the patient went back to the urologist. On this occasion the PSA blood test was a 2.9 (generally accepted as in normal range). The urologist concluded that the individual had BPH (a noncancerous enlargement of the prostate). Three months later the patient saw the PCP for fever and nocturia (needing to urinate during the night). The physician started him on another round of antibiotics. A follow up urine culture came back negative. The PCP therefore referred the patient back to the urologist. The urologist took a PSA test which came back a 6.4 ( high).
A biopsy examines samples of the prostate. Therefore, a biopsy can miss the cancer. At this point, the urologist decided to use the prior years biopsy and to not perform an additional one as a follow up. Instead, the urologist did nothing to do anything further concerning the male's symptoms and high PSA.
The subsequent year the man went back to his primary care physician. His issues including nocturia persisted. On physical examination the doctor noted that the patient had a very enlarged prostate. However, the physician failed to order a PSA or re-refer the individual to a urologist. Regular blood testing four months later revealed that the male patient's PSA was at 7.4 Neither physician followed up in any way.
One more year goes by when the family doctor recorded that the PSA level was 9.8 Again, no follow up or referral to a urologist. Still an additional year and the individual is still complaining of nocturia. This time the PSA was 9.7 No follow up and no referral. Five years after the person's initial reports of urinary problems the primary care physician once more recorded a considerably enlarged prostate gland and a PSA level that had reached a 31. The physician lastly refered the individual back to the urologist.
The urologist verified that the patients prostate was enlarged and placed the patient on 2 weeksafter which he would do another PSA test. Once the PSA test was done 2 weeks later it showed a level of 33. A biopsy was then at last done which found cancer every sample taken.
Testing eventually showed that the patient had cancer metastasis to the lymph nodes, the liver and the bone. Even with a course of both hormone therapy and radiation therapy the man passed away close to eighteen months subsequent to his diagnosis. The law firm that represented his family reported that a settlement for S1.0 Million was achieved in the case.
by: Joseph Hernandez
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