Man Pursues Lawsuit Against Physician Who Delayed Diagnosis Of His Cancer Until It Metastasized

This year around fourteen percent of the one hundred ninety three thousand adult men diagnosed with prostate cancer will already have advanced prostate cancer at the time they are first told. With routine testing before the development of symptoms, including digital examinations and PSA blood tests, a number of these men might 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 alternatives but also significantly reduces his odds of surviving the cancer. Consider the following reported case to illustrate.

While performing a physical examination on a fifty-six 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 - typically considered to be in the normal range. The doctor took no further action at the time. Nearly 3 years went by before the doctor again performed a physical examination and documents that there were no abnormalities felt on the prostate. This time, the doctor fails to order a PSA test. The individual saw by a second doctor approximately six weeks later for an insurance mandated medical examination. This doctor ordered a PSA test which registered at 5.3 - high. The patient then contacted his regular doctor’s practice and was told to return for them to do their own PSA test. This test came back a 3.5 - in normal range. The physician assured the patient there was no need for concern or for additional follow up.

Once more, nearly three years went by until the doctor next screened the patient. The doctor again records the nodule. The doctor then ordered a PSA test that came back at 4.7 - elevated. The doctor fails to notify the individual and takes no action on these two abnormal test results. Close to two years after 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 PSA test now revealed that the leve had gone up to 14.1. This time, the physician finally refers the patient to a Urologist who finds that the patient has advanced prostate cancer that had gotten to the bones around pubic area and the upper section of his right leg.

An action for medical malpractice followed in the process of which the doctor verfied that the existence of the nodule indicated an “abnormal” result. The law firm that represented the man and his wife reported that the lawsuit settled for $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: J. Hernandez

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Joseph Hernandez is an Attorney acceping catastrophic injury cases. Visit the websites to learn more about advanced prostate cancer and stage 4 breast cancer