Man And Wife Reach Settlement Against Doctor Who Postponed Detection Of Man's Prostate Cancer
http://www.lawsays.net/articles/4754/1/Man-And-Wife-Reach-Settlement-Against-Doctor-Who-Postponed-Detection-Of-Mans-Prostate-Cancer/Page1.html
Joseph Hernandez
Joseph Hernandez is an Attorney focused on complex injury cases, including medical malpractice cases. You can learn more about colon cancer medical malpractice cases at his website. http://www.colon-cancer-law.com By Joseph Hernandez
Published on 03/9/2010
This article examines a reported $850,000 settlement in a malpractice lawsuit alleging that a physician did not fully screen the plaintiff and failed to take the correct action when the results of screening tests showed up as abnormal. Due to the time that passed before a diagnosis, the individual's cancer spread outside the prostate. This left the patient with only a 2-3 year life expectancy.
This year around fourteen percent of the one hundred ninety three thousand males who learn they have prostate cancer will already have advanced prostate cancer at the time they are first told. With screening, including digital examinations and PSA blood tests, a number of these males could have been diagnosed while their cancer was in the early stages. A lapse of time until the cancer is advanced does not merely restrict the man's treatment alternatives but also substantially decreases his chances of surviving the cancer. Consider the following reported lawsuit 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 which came back as 3.1 - typically considered to be in the normal range. The physician took no further action at the time. Just about three years went by before the doctor again did a physical examination and records that the prostate is normal. This time, the doctor does not order a PSA test.
The individual was examined by a different doctor about six weeks later as part of an insurance mandated medical examination. This physician ordered a PSA test which comes back 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 physician assured the patient there was no need for worry or for additional follow up.
Once more, almost three years passed before the doctor next screened the patient. The physician again documents the nodule. The doctor then ordered a PSA test that registered at 4.7 - high. The doctor fails to tell the patient and does nothing further regarding these 2 abnormal test results. Nearly 2 years later 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 at this point revealed that the leve had gone up to 14.1. On this occasion, the physician at last refers the patient to a Urologist who finds that the patient has advanced prostate cancer that had gotten to the bones around pubic area and the upper section of his right leg.
A medical malpractice claim followed in the process of which the physician stated that the presence of the nodule indicated an "abnormal" result. The law firm that handled this matter reported that the lawsuit 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 top amount that can be recovered for those claims under the controlling law.
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 which came back as 3.1 - typically considered to be in the normal range. The physician took no further action at the time. Just about three years went by before the doctor again did a physical examination and records that the prostate is normal. This time, the doctor does not order a PSA test.
The individual was examined by a different doctor about six weeks later as part of an insurance mandated medical examination. This physician ordered a PSA test which comes back 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 physician assured the patient there was no need for worry or for additional follow up.
Once more, almost three years passed before the doctor next screened the patient. The physician again documents the nodule. The doctor then ordered a PSA test that registered at 4.7 - high. The doctor fails to tell the patient and does nothing further regarding these 2 abnormal test results. Nearly 2 years later 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 at this point revealed that the leve had gone up to 14.1. On this occasion, the physician at last refers the patient to a Urologist who finds that the patient has advanced prostate cancer that had gotten to the bones around pubic area and the upper section of his right leg.
A medical malpractice claim followed in the process of which the physician stated that the presence of the nodule indicated an "abnormal" result. The law firm that handled this matter reported that the lawsuit 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 top amount that can be recovered for those claims under the controlling law.