This year approximately 14% of the 193,000 males diagnosed with 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 men might have been diagnosed before the cancer progressed to an advanced stage. A delay until the cancer is advanced does not merely constrain the man's treatment options but also dramatically decreases his odds of surviving the cancer. Consider the following published lawsuit as an example.
While doing a physical examination on a 56 year old male patient, a physician noted a small nodule on the left side of the prostate. The physician 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. Just about 3 years passed. The physician again did 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 man consulted with by a different doctor something like six weeks later as part of an insurance mandated medical examination. This physician ordered a PSA test which comes back at 5.3 - high. The man then consulted with his regular physician's practice and was told to return so they can take their own PSA test. This test returned a 3.5 - in normal range. The doctor assured the patient there was no need for concern or for additional follow up.
Again, almost three years went by until 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 fails to inform the patient 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 shows the level at 14.1. This time, the doctor finally refers the patient to a Urologist who finds that the patient has metastatic 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 physician verified that the existence of the nodule indicated an "abnormal" result. The law firm that helped the man and his wife reported that the claim settled for $850,000. This sum incorporated $250,000 for non-economic damages and $250,000 for the wife's future wrongful death claim - the maximum recoverable under the controlling law.
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