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Malpractice Claim Pursued By Couple Against Doctor Who Postponed Diagnosis Of Man's Prostate Cancer



By : J. Hernandez    29 or more times read
Submitted 2010-05-12 23:31:02
This year around 14% of the 193,000 adult men who learn they have prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With screening, including digital examinations and PSA blood tests, many of these men could have been diagnosed before the cancer progressed to an advanced stage. A delay until the cancer is advanced not only limits the man’s treatment options but also substantially decreases his odds of surviving the cancer. Look at the following published malpractice claim to illustrate.

While performing 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 three years passed. The physician once more did a physical examination and records that there were no abnormalities felt on the prostate. This time, the doctor does not order a PSA test. The man was examined by a second doctor something like 6 weeks later as part of an insurance mandated medical examination. This doctor ordered a PSA test which registered at 5.3 - high. The individual then contacted his regular doctor’s office and was told to return so they can take their own PSA test. This test came back a 3.5 - in normal range. The physician told the individual not to worry and that no further action needed to be taken.

Once more, almost 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 registered at 4.7 - high. The doctor fails to tell the patient and takes no action on these 2 abnormal test results. Nearly two years later 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 risen to 14.1. On this occasion, the doctor finally refers the patient to a Urologist who finds that the patient has stage 4 prostate cancer that had reached the bones in his pubic area and the top section of his right leg.

A medical malpractice claim followed in the process of which the physician stated that the presence of the nodule was an “abnormal” result. The law firm that assisted the man and his wife reported that the matter was resolved for $850,000. This sum 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 laws of the state where the lawsuit arose.
Author Resource:- Joseph Hernandez is an Attorney acceping catastrophic injury cases. Visit his website to learn more about advanced prostate cancer cases and metastatic prostate cancer visit the website
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