Man Diagnosed With Metastatic After Physician Ignored Abnormal Test Results

This year an estimated 14% of the 193,000 men who learn they have prostate cancer

will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the development of symptoms, including digital examinations and PSA blood tests, many of these males could have been diagnosed before the cancer progressed to an advanced stage. A delay until the cancer is advanced not only limits the mans treatment possibilities but also dramatically reduces his odds of surviving the cancer. Consider the following published case as an example.

While performing a physical examination on a fifty-six 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 doctor took no further action at the time. Almost 3 years went by before the physician again performed a physical examination and records that there were no abnormalities felt on the prostate. This time, the doctor fails to order a PSA test. The patient consulted with by a different doctor approximately six weeks later for an insurance mandated medical examination. This physician ordered a PSA test which registered at 5.3. This is considered high. The individual then consulted with 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 - in normal range. The physician told the individual not to worry and that nothing else needed to be done.

Once more, almost 3 years went by before the doctor next screened the patient. The doctor again records the nodule. The doctor then ordered a PSA test that came back at 4.7 - high. The physician fails to inform the patient and does nothing further regarding these 2 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 revealed that the leve had risen to 14.1. On this occasion, the physician finally refers the patient to a Urologist who finds that the patient has stage 4 prostate cancer that had gotten to the bones in his pubic area and the top portion of his right leg.

A malpractice suit followed in the process of which the physician admitted that the existence of the nodule indicated an abnormal result. The law firm that helped the man and his wife reported that the lawsuit settled in the sum of $850,000. This amount incorporated $250,000 for non-economic damages and $250,000 for the wifes future wrongful death claim. This is the most that can be recovered for those claims under the laws of the state where the case arose.

by: Joseph Hernandez

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