This year an estimated 14% of the one hundred ninety three thousand adult men identified as having prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the onset 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 lapse of time until the cancer is advanced not only limits the man's treatment possibilities but also substantially reduces his chances 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 part of the prostate. The doctor ordered a PSA 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 3 years went by before the physician once more did a physical examination and documents that there were no abnormalities felt on the prostate. This time, the doctor does not order a PSA test. The patient was examined 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. This is considered high. The patient then consulted with his regular doctor's practice and was told to come back so they can do their own PSA test. This test came back a 3.5 - within normal range. The doctor told the individual not to worry and that no further action needed to be taken.
Again, nearly 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 doctor fails to inform the man and takes no action on these 2 abnormal test results. Close to two years after the physical examination shows 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. On this occasion, the doctor at last refers the patient to a Urologist who finds that the patient has stage 4 prostate cancer that had reached the bones around pubic area and the upper portion of his right leg.
An action for malpractice followed during which the doctor admitted that the existence of the nodule indicated an "abnormal" result. The law firm that helped the man and his wife reported that the claim was resolved in the amount of $850,000. This sum included two hundred fifty thousand dollars for non-economic damages and two hundred fifty thousand dollars for the wife's future wrongful death claim - the maximum recoverable under the controlling law.
Author Resource:-
Joseph Hernandez is an Attorney accepting medical malpractice matters. Visit his website to learn more about metastatic prostate cancer lawsuits consult with with a cancer lawyer
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