This year about 14% of the one hundred ninety three thousand men identified as having prostate cancer will already have advanced prostate cancer at the time they are diagnosed. 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 options but also significantly reduces his chances of surviving the cancer. Consider the following published malpractice claim as an example.

While doing a physical examination on a fifty-six 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 took no further action at the time. Almost 3 years passed. The physician once more performed a physical examination and documents that the prostate is normal. This time, the doctor does not order a PSA test.

The patient saw a different physician 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 patient then contacted his regular physician’s practice and was told to return so they can do their own PSA test. This test returned a 3.5 – in normal range. The physician told the patient not to worry and that nothing else needed to be done.


Again, almost three years went by until the doctor next screened the patient. The doctor again records the nodule. The doctor then ordered a PSA test that registered at 4.7 – elevated. The doctor does not inform the individual and does nothing further regarding these 2 abnormal test results. Nearly two years later 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 now revealed that the leve had gone up to 14.1. This time, the doctor at last refers the patient to a Urologist who diagnoses the patient with metastatic prostate cancer that had gotten to the bones in his pubic area and the top portion of his right leg.

An action for medical malpractice followed during which the physician admitted that the existence of the nodule was an “abnormal” result. The law firm that helped the man and his wife reported that the matter settled in the amount of $850,000. This amount incorporated two hundred fifty thousand dollars for non-economic damages and two hundred fifty thousand dollars for the wife’s future wrongful death claim. This is the top amount that can be recovered for those claims under the controlling law.

Joseph Hernandez is a lawyer acceping catastrophic injury and medical malpractice cases. Learn more about prostate cancer cases at http://www.prostatecancerlaw.com

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