Tests Reveal Possibility Of Cancer Yet Physician Says Nothing
Male patients tend to possess a scant knowledge of prostate cancer, their own chances for the cancer, and the ways in which they can figure out if they have prostate cancer. Many men have minimal, if any, idea of the value of screening for prostate cancer or of the recommendations for when to start testing, how often to screen, and the meaning of screening test results. They trust that their physician will do everything appropriate to detect any cancer in the beginning stages and cure them.
There are several different circumstances that can result in a delayed diagnosis. This article will look at the following pattern: the physician (1) orders a PSA blood test, (2) learns that the man has a high PSA level, yet (3) neither informs the patient about the abnormal results (and what they suggest) nor orders diagnostic tests, such as a biopsy, to exclude prostate cancer. Examine the following claim, for example:
A physician, an internist, learned that his male patient had a PSA of 8. (a level above a 4.0 is normally deemed to be high). The physician did not inform the patient. The doctor did not refer the patient to a urologist. The doctor did not order a biopsy. Two years later the doctor repeated the PSA test. This time it had gone up to 13.6. Again, the doctor did not inform the patient. Again, the doctor did not refer the patient to a urologist. And again, the doctor did not order a biopsy. Two years later the physician repeated the PSA test. It was not until three years after first learning of the patient’s raised PSA level that the physician finally advised him that he most likely had cancer. By the time he was diagnosed he had advanced prostate cancer and surgery was no longer one of the treatment alte
atives. Treating physicians alte
atively advised radiation therapy and hormone therapy. Neither of these would eliminate the cancer but they might slow the cancer’s advancement and further spread. The law firm that handled this matter reported that they took the claim to mediation where they were able to obtain a settlement of $600,000.
If they do nothing in the presence of abnormal test results and the person later finds out that he had prostate cancer and that the lapse of time lead to it spreading beyond the prostate therefore limiting treatment possibilities and lowering his likelihood of surviving the cancer, the patient might be able to successfully pursue a claim against the doctor.
This lawsuit illustrates a kind of mistake that can result in the delayed diagnosis of a patient’s prostate cancer. It comes about when the physician actually follows the guidelines and screens male patients for prostate cancer but does not follow through when the test results are abnormal.
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