Failure To Diagnose Prostate Cancer $700,000
Injuries alleged: Advancement of cancer to non-curable state
Court: Withheld
Amount of settlement: $700,000
Case Summary:
The plaintiff, a 73-year-old man, had a PSA of 8.4 noted during his yearly physical. The plaintiff was appropriately referred to an urologist for workup. Subsequently, the urologist performed a transrectal ultrasound and prostate and suggested rebiopsy. Unfortunately, the urologist failed to notify the plaintiff of the pathological findings and the suggestion of rebiopsy. As a result, the plaintiff was lost to follow-up for approximately 14 months until a subsequent physical revealed a more highly elevated PSA, and the plaintiff was referred back to the defendant's group for further biopsy, which revealed prostate cancer.
At deposition, the defendant admitted that the plaintiff had 'slipped through the cracks.' However, the defendant was prepared to present the testimony of the three board-certified oncologists, who were expected to testify that the delay in diagnosis did not cause the plaintiff any harm. The case was settled three weeks before trial, which had been expedited on the basis of the plaintiff's motion for a speedy trial.
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