Men Tips

posted by jhernandezlawoffice on Jan 15

There continues to be debate among some doctors over how to screen asymptomatic male patients for prostate cancer or whether to screen at all. Some doctors also take the position that, at least under certain circumstances, a male patient diagnosed with prostate cancer does not need to treat it right away and only needs to carefully monitor the cancer.

If the doctor does not do so the patient’s prostate cancer may spread and metastasize. These are lawsuits where a doctor did screen a patient and the test results were abnormal but the doctor did not inform the patient and did not follow up. Then if later on you find out your cancer has had enough time to spread to and your doctor had information that could have allowed you to catch the cancer before it spread, while it was still curable, the doctor may be liable for malpractice.

The digital examination of the prostate gland is one of two tests routinely used by doctors to screen male patients for prostate cancer. The first of these tests is often referred to as a digital examination. For this examination a doctor uses a latex glove and inserts a finger through the anal cavity to feel the surface of the prostate. Any abnormality in the prostate gland, such as a hardening or enlargement of the gland, or the presence of a nodule, may mean that prostate cancer is present. The second test is the PSA blood test. An elevated PSA test result indicates high levels of the prostate specific antigen. Since prostate cancer causes the antigen level to rise, high levels could signify the presence of cancer.

In one case report a 73 year old male patient regularly saw his PCP (primary care physician). The male patient did not exhibit any symptoms of prostate cancer. The doctor conducted routine prostate cancer screening. The blood test showed abnormally high levels of PSA. The digital examination revealed that the patient’s prostate was enlarged. Both test results thus pointed to the possibility of prostate cancer.

There are several options a primary care physician (PCP) can take to follow up. For example, the PCP may order a biopsy to determine if any cancer can be found from samples of the prostate. The PCP can also refer the patient to a specialist such as a Urologist. The doctor did not refer the patient to a specialist. The doctor did not order any follow up testing to determine whether the patient actually had prostate cancer. By the time the patient was finally diagnosed the cancer had metastasized to the bone. The law firm that handled the matter on behalf of the patient was able to report that they achieved a settlement from the doctor for $581,000.

This case provides an example of why properly screening a patient for cancer requires follow up in those cases where the results of the screening are abnormal. Otherwise, it amounts to a gamble that the abnormal results are due to something other than cancer. Since some of the patients do have prostate cancer a lack of follow up allows their cancer time to grow and to spread. Thus, when a doctor fails to follow up the patient is placed at risk of a delayed diagnosis of prostate cancer which would permit the cancer to metastasize, at which point it is no longer curable.

If a delay permits the cancer to metastasize treatment will at best slow down the spread of the cancer and lessen the effects (such as pain) of the cancer. If that happens, the patient may be able to succeed with a medical malpractice claim against the doctor.

Joseph Hernandez is an Attorney accepting advanced prostate cancer cases. Visit his website for more information on how a cancer lawyer can help you.