Doctor And Patient Agree To Settle Prostate Cancer Medical Malpractice Lawsuit In The Amount Of $500,000
By: J. Hernandez
Submitted: 2010-10-14 19:37:18 | Word Count: 658
Physicians use two tests - a physical exam of the prostate gland and the PSA blood test to discover prostate cancer in men prior to symptoms appearing. Nevertheless, even when a doctor tests a male patient the tests are meaningless if the physician does not tell the patient, follow up with a referral to a urologist or order further testing if the results were abnormal. This can result in a postponement in detecting the patient's cancer and a worsening of the patient's likelihood of surviving the cancer. In what follows, we study the report of a lawsuit that included the allegation of a delayed diagnosis of prostate cancer. This occured even though his physician had data highly suggestive of cancer for from 1 to 3 years in advance of the man's diagnosis. The lawsuit was based on the allegation of a lapse of time of from one and three years in diagnosing the man's prostate cancer.
A physician saw a man for a physical examination. Due to the male's age, the doctor conducted a physical examination of his prostate and found that it was slightly firm on the left. This is an abnormal finding that is suspicious for cancer. The PSA, though, came back 2.35 (a level typically regarded to be in normal range). Virtually two years later, the patient went back for another physical. The physician now noted no abnormalities with the prostate but the PSA test was 4.18. This is abnormal and was an almost doubling of the prior reading. Also this reading was nearly double that of the patient's PSA from 2 years before. However, the physician had not told the man that there were abnormal prostate cancer screening test results that were suspicious for cancer, had not referred the man to a specialist, and had not ordered any diagnostic testing (such as a biopsy) to figure out whether the abnormal test results were due to cancer or to a benign reason. It was 3 years after the initial finding that the man's physician finally referred him to a Urologist (who found the cancer) after a PSA of 6.8.
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By the time of the diagnosis, it turned out the the man's prostate cancer spread outside the gland. The man pursued a malpractice claim against his family physician for the delayed diagnosis of the cancer. The physician, though, argued that he had not received a copy of the PSA test and therefore he had not known about the increase in the patient's PSA. The doctor moreover took the position that the holdup in diagnosing the cancer did not harm the patient.
The law firm that handled this claim published that a settlement was arrived at with the physician. The settlement happened over seven years subsequent to the person's diagnosis and he had not suffered a return of the cancer in that time. The reported amount of the settlement was $500,000.
The preceeding is not intended to be taken as medical advice. It is also not legal advice. The above is only meant to be basic information. For any health issues seek advice from a physician immediately.
The outcome of this claim upholds the understanding that if a physician does not follow up on abnormal test results and the ensuing delay permits a person's disease and outlook to worsen that physician may be faced with a medical malpractice lawsuit. Should you feel you could be a victim of advanced cancer as a result of medical malpractice speak without delay with a lawyer experienced in cancer law.
Author Resource:-
Mr. Hernandez is an attorney accepting medical malpractice and wrongful death cases. To find out more prostatecancer and other cancer matters including breastcancer visit the websites
