Ooops, Dr. forgets to follow up with patient, resulting in stage IV prostate cancer

The Medical Malpractice Case Facts

The PSA test is a cancer screening test that can help find prostate cancer at its earliest stage, when the chance of successful treatment and optimal outcome is greatest. It’s a simple blood test that detects levels of PSA (prostate-specific antigen) in the blood. An abnormally high level of PSA in the blood is often a sign of prostate cancer. However, it can sometimes be the result of a more benign condition, such as an enlarged or inflamed prostate. Because of the risk of cancer, an elevated PSA requires follow-up investigation.

Mr. G had a PSA screening test, and the results were abnormally elevated. His doctor assumed it was merely an inflamed prostate and prescribed antibiotics. But then the doctor didn’t follow up. He didn’t order another PSA test to see whether the antibiotics brought the PSA level down to normal, or whether he needed to order a biopsy and refer Mr. G to a urologist for evaluation of possible prostate cancer.

A year later, Mr. G (coincidentally) had blood testing done for a life insurance application, and his PSA was even more elevated. He went to see a urologist, who immediately ordered a biopsy and other tests. Unfortunately, Mr. G was diagnosed with Stage IV prostate cancer. Since the cancer had already spread outside of his prostate and into his bones, it was too late for surgery. If it had been caught sooner, Mr. G would have had his prostate surgically removed, his treatment course would have been limited, and he would have had a much better chance at a full recovery.

Instead, Mr. G has gone through extensive treatment as a result of the delayed diagnosis. None of it has been easy, especially knowing that most of it could have been avoided if his doctor had done his job.

The Medical Negligence Case Work Up and Settlement

Mr. G hired The Eisen Law Firm to represent him in a medical negligence case. Todd Gurney was the lead attorney on this case. After reviewing all the medical records and consulting with board-certified experts in internal medicine, urology, and oncology, it was clear that Mr. G’s physician breached the standard of care by failing to order a follow-up PSA test. This would have led to a much earlier diagnosis and definitive, life-saving treatment.

Mr. Gurney worked up the case as though it was going to go to trial, knowing that the defense would argue that even if the cancer had been diagnosed earlier, it still may not have been treatable. However, armed with clear facts of negligence and years of successful medical malpractice experience, The Eisen Law Firm was able to reach a favorable (confidential) pre-trial settlement.