subject: Husband And Wife Pursue Legal Claim Against Physician Who Delayed Detection Of His Prostate Cancer [print this page] This year about 14% of the 193,000 males 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 individuals 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 alternatives but also significantly decreases his chances of surviving the cancer. Look at the following reported lawsuit 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 doctor ordered the 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 went by. The doctor again did a physical examination and documents that the prostate is normal. This time, the doctor does not order the test. The individual was examined by a second physician approximately 6 weeks later for an insurance mandated medical examination. This physician ordered a PSA test which comes back at 5.3. This is considered high. The patient then consulted with his regular doctor's office and was told to return so they can take their own 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, nearly 3 years went by until the doctor next screened the patient. The doctor again documents the nodule. The physician then ordered a PSA test that registered at 4.7 - elevated. The physician does not inform the man and takes no action on these two abnormal test results. Close to two 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 test at this point revealed that the level had gone up to 14.1. On this occasion, the physician finally refers the patient to a Urologist who diagnoses the patient with advanced prostate cancer that had reached the bones around pubic area and the top portion of his right leg.
An action for medical malpractice followed in the process of which the doctor stated that the presence of the nodule indicated an "abnormal" result. The law firm that handled this matter reported that the case settled for a total sum of $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 claim arose.
