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Jury Awards $2,750,000 For Man After Physician Delayed His Prostate Cancer Diagnosis
But beyond the guidelines, it might additionally be malpractice if a patient specifically ask for screening for a given cancer and the physician fails to do the tests. For example, in a published lawsuit the patient was an African-American man, age 41, who asked to be tested for prostate cancer. The patient asked for the screening test after being part of a campaign to increase awareness about the risk middle-aged African-American men face when it comes to prostate cancer. There are two tests typically used to screen for prostate cancer. They are both done because they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that measures the PSA level in the patient’s blood stream. In keeping with the patient’s request the doctor conducted a physical examination of the prostate. The doctor found no palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The patient thought a PSA test was ordered and just believed the results were normal when he did not hear anything further about it. The patient saw the doctor again two years later. The physician again did not order a PSA test. This time the doctor did not even perform a digital examination. By conducting a physical examination of the prostate and ordering blood tests the physician brought about a scenario in which the patient believed that he had been correctly screened for prostate cancer and that everything came back normal showing nothing suspicious for cancer. Under such circumstances, nearly all patients would probably think that a PSA test was actually ordered at the same time as the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in thinking he had completed a full screening in the earlier visit. Subsequently that year the patient saw a different doctor in the same practice. This physician completed a digital examination and order a PSA test. The result - the patient had stage 4 prostate cancer which had reached the bone. Due to the fact that the individual was now nearing forty-five and under the guidelines the doctor would in general only at this point have at least had a discussion about screening. In this case, though, he had specifically asked to be tested earlier and the actions of the physician had led him to think that he had been. The patient filed a malpractice claim against the physician who had not ordered the PSA testing. The law firm that represented the patient reported that it took the case to trail where a jury returned a verdict in the amount of $2,750,000 on behalf of the patient. The defendants appealed. As the appeal was pending the parties reached a settlement for an undisclosed amount that was less than the original verdict. The Appeals Court subsequently denied the appeal. Article Directory: http://www.articledashboard.com Joseph Hernandez is an attorney accepting medical malpractice cases. To learn about prostate cancer metastasis and other cancer matters including advanced breast cancer visit the websites |
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