Years Of Physician Not Acting On Abnormal Test Results Leaves Man With Metastatic Prostate Cancer

This year approximately 14% of the one hundred ninety three thousand males diagnosed with prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the onset of symptoms, including digital examinations and PSA blood tests, a number of these men might 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 alte
atives but also substantially decreases his chances of surviving the cancer. Look at the following reported case to illustrate.

While doing a physical examination on a 56 year old male patient, a physician noted a small nodule on the left part of the prostate. The physician ordered a PSA test the results of which showed the level to be 3.1 - or within normal range. The doctor did nothing else at the time. Just about three years went by. 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 was examined by a different physician around six weeks later for an insurance mandated medical examination. This doctor ordered a PSA test which comes back at 5.3 - elevated. The man then consulted with his regular doctor’s practice and was told to come back for them to take their own PSA test. This test returned a 3.5 - in normal range. The physician assured the man there was no need for worry or for any follow up.

Again, nearly 3 years went by before the doctor next screened the patient. The doctor again records the nodule. The physician then ordered a PSA test that came back at 4.7 - high. The physician does not notify the man and takes no action on these 2 abnormal test results. Nearly 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 gone up to 14.1. On this occasion, the doctor at last refers the patient to a Urologist who diagnoses the patient with stage 4 prostate cancer that had reached the bones around pubic area and the upper section of his right leg.

A malpractice case followed in the process of which the physician admitted 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 amount of $850,000. This amount incorporated $250,000 for non-economic damages and $250,000 for the wife’s future wrongful death claim. This is the most that can be recovered for those claims under the laws of the state in which the claim arose.