This year around 14% of the one hundred ninety three thousand men diagnosed with prostate cancer will already have advanced prostate cancer at the time they are diagnosed. With routine testing before the development of symptoms, including digital examinations and PSA blood tests, a number of these men could 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 dramatically reduces his odds of surviving the cancer. Look at the following published lawsuit to illustrate.
While conducting a physical examination on a fifty-six year old male patient, a physician 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 - typically considered to be in the normal range. The physician did nothing else at the time. Nearly 3 years went by. The physician once more conducted 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 patient saw by a second physician around six weeks later as part of an insurance mandated medical examination. This physician ordered the test which registered at 5.3 - elevated. The patient then consulted with his regular doctor's office and was told to return for them to do their test. This test returned a 3.5 - within normal range. The doctor told the individual not to worry and that no further action needed to be taken.
Once more, almost 3 years went by until the doctor next screened the patient. The physician again records the nodule. The physician then ordered the test that came back at 4.7 - high. The physician does not inform the man and does nothing further regarding these two abnormal test results. Close to 2 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. This time, the physician at last refers the patient to a Urologist who diagnoses the patient with stage 4 prostate cancer that had gotten to the bones in his pubic area and the upper portion of his right leg.
An action for malpractice followed in the process of which the physician verified that the presence of the nodule indicated an "abnormal" result. The law firm that handled this matter reported that the claim was resolved for $850,000. This amount incorporated 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 catastrophic injury cases. Visit his website to learn more about metastatic prostate cancer and how a cancer lawyer may be able to help you visit the website
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