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Terry A Mitchell

Husband And Wife Pursue Legal Claim Against Doctor Who Delayed Detection Of Man's Prostate Cancer


By: J. Hernandez
Submitted: 2010-07-06 17:04:30 | Word Count: 515


This year roughly 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, a number of these males 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 dramatically decreases his odds of surviving the cancer. Look at the following published malpractice claim to illustrate.

While conducting a physical examination on a fifty-six year old male patient, a doctor noted a small nodule on the left part of the prostate. The physician ordered a PSA test which came back as 3.1 - typically considered to be in the normal range. The physician took no further action at the time. Almost 3 years went by. The physician again conducted a physical examination and records that the prostate is normal. This time, the doctor fails to order a PSA test. The individual was examined by a different physician about six weeks later for an insurance mandated medical examination. This doctor ordered a PSA test which registered at 5.3 - high. The man then contacted his regular physician's office and was told to come back so they can take their own PSA test. This test returned a 3.5 - within normal range. The doctor told the patient not to worry and that no further action needed to be taken.

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Once more, almost three years went by before the doctor next screened the patient. The physician again records the nodule. The doctor then ordered a PSA test that came back at 4.7 - elevated. The doctor does not inform the individual and does nothing further regarding these two abnormal test results. Close to 2 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 at this point revealed that the leve had increased to 14.1. This time, the physician finally refers the patient to a Urologist who finds that the patient has metastatic prostate cancer that had gotten to the bones in his pubic area and the top part of his right leg.

A medical malpractice case followed during which the physician stated that the presence of the nodule was an "abnormal" finding. The law firm that handled this matter reported that the matter was resolved 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 laws of the state in which the claim arose.

Author Resource:- Joseph Hernandez is an attorney accepting cancer malpractice cases. To learn about prostatecancer and other cancer matters including breastcancer visit the websites

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