subject: Years Of Physician Not Acting On Abnormal Test Results Leaves Man With Avanced Prostate Cancer [print this page] This year approximately fourteen percent of the 193,000 males identified as having prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the development of symptoms, including digital examinations and PSA blood tests, a number of these individuals could have been diagnosed when their cancer was in the early stages. A delay until the cancer is advanced does not merely reduce the man's treatment options but also significantly lowers his odds of surviving the cancer. Consider the following reported malpractice claim to illustrate.
While doing a physical examination on a 56 year old male patient, a doctor noted a small nodule on the left side of the prostate. The physician ordered the test the results of which showed the level to be 3.1 - or within normal range. The doctor did nothing else at the time. Just about three years went by before the doctor once more conducted a physical examination and documents that the prostate is normal. This time, the doctor does not order the test. The patient saw by a different physician about six weeks later as part of an insurance mandated medical examination. This physician ordered the test which registered at 5.3. This is considered high. The patient then contacted his regular physician's office and was told to come back for them to do their own PSA test. This test came back a 3.5 - in normal range. The doctor assured the man there was no need for concern or for any follow up.
Once more, almost three years went by before 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 inform the man and does nothing further regarding these 2 abnormal test results. Nearly two years later the physical examination reveals that the prostate not only had a nodule, but was firm on the side of the nodule and was enlarged. The test now revealed that the level had gone up to 14.1. This time, the physician at last refers the patient to a Urologist who diagnoses the patient with metastatic prostate cancer that had reached the bones around pubic area and the top part of his right leg.
An action for malpractice followed in the process of which the doctor stated that the presence of the nodule indicated an "abnormal" finding. The law firm that assisted the man and his wife reported that the matter was resolved for $850,000. This sum incorporated $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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