Medical Malpractice Claim Filed By Patient Whose Doctor Did Not Complete Cancer Screening Tests

Prostate cancer affects African-American menThe patient, given his request and the fact that
differently from the rest of the population. Men ofthe doctor had done a physical examination,
African-American descent are at higher risk ofassumed that a PSA test was also ordered. When
developing prostate cancer. As such, doctorshe did not hear back regarding the results, the
generally recommend that African-American menpatient simply assumed the results were normal.
should begin screening for prostate cancer earlierThe patient saw the same doctor two years
(the recommended age being 45) so as tolater. This time the doctor neither performed a
increase the likelihood that if they do developphysical examination of the prostate gland nor did
cancer it can be detected at an early stage whilethe doctor order a PSA test.
it is still curable. When physicians fail to follow theWhat this physician did was to give the patient a
guidelines for cancer screening and their patient isfalse sense of security. By performing the digital
later diagnosed with advanced prostate cancerexamination of the prostate gland and ordering
that doctor may be liable for medical malpractice.blood tests the physician left the patient with the
Beyond screening for cancer, physicians alsoperception that a full screening had been
should recognize when a patient has complaintscompleted. A patient would likely think that a PSA
suggestive of possible cancer and follow up.test was been ordered along with the rest of the
Physicians also should either perform screeningblood tests from the second visit. Either way,
testing requested by the patient or inform thehowever, a patient certainly would be justified in
patient that they will not perform the requestedbelieving he had undergone a full screening.
testing and that the patient should consult withLater that year the patient saw a different
another doctor if he still wants the test. Considerdoctor in the same practice. This doctor
a reported case involving an African-Americanperformed a digital examination and order a PSA
male, forty-one years of age, who was involvedtest. The patient was diagnosed with prostate
in an ad campaign for raising awareness about thecancer that had metastasized to the bone. This
risk of prostate cancer in middle-agedpatient did not wish to wait until the age of
African-American men and who requested of hisforty-five which is when most African-American
physician to screen him for prostate cancer.men are first screened for colon cancer. He
Doctors generally recommend two tests forwanted to do it earlier and the doctor's behavior
prostate cancer screening in male patients. Thelead him to be he had been properly screened as
first test is to use a gloved finger to manuallyhe requested.
examine the prostate. The other is a simple bloodThe law firm that handled this matter took it to
test which is used to determine the level oftrial and achieved a $2,750,000 verdict. An appeal
prostate specific antigen (PSA) in the male'swas filed by the defense. The defense and the
system. As per the request of the patient, theplaintiff settled for a confidential amount as the
doctor physically examined the patient's prostateappeals was pending. The exact amount of the
gland. On physical examination, the physician didsettlement is not public knowledge but it was less
not detect any abnormalities with the prostatethan the amount of the verdict. This is a way by
gland: the gland was not enlarged, it was notwhich both parties can reduce the risk of an
hardened, and there were no nodules present.adverse ruling by the Appeals Court. In this case
Blood testing was then ordered by the physician.the Appeals Court subsequently denied the appeal.
The tests, however, did not include a PSA test.