Physician Settles With Patient For $850,000 After Causing A Delay In The Diagnosis Of His Cancer
By: J. Hernandez
Submitted: 2010-11-17 03:06:17 | Word Count: 520
This year around 14% of the 193,000 males identified as having 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 individuals 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. Consider the following reported case as an example.
While conducting 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 - typically considered to be in the normal range. The physician took no further action at the time. Nearly three years passed before the physician again performed 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 individual consulted with by a second physician something like 6 weeks later for an insurance mandated medical examination. This physician ordered a PSA test which registered at 5.3 - elevated. The man then consulted with his regular physician's practice and was told to come back for them to do their own PSA test. This test came back a 3.5 - in normal range. The physician assured the patient there was no need for worry or for additional follow up.
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Again, nearly 3 years passed until the doctor next screened the patient. The physician again documents the nodule. The physician then ordered a PSA test that came back at 4.7 - elevated. The doctor does not inform the patient 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. On this occasion, the physician at last 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 portion of his right leg.
A medical malpractice case followed during which the doctor stated that the presence of the nodule indicated an "abnormal" finding. The law firm that handled this matter reported that the case was resolved for $850,000. This amount included $250,000 for non-economic damages and $250,000 for the wife's future wrongful death claim - the maximum recoverable 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 prostate cancer and other cancer matters including breast cancer metastasis visit the websites
