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Failure To Diagnose Prostate Cancer

$2 Million RECOVERY

Primary Care Physician failed to inform patient of elevated PSA score.

Richmond County, NY


This medical malpractice action involved a plaintiff in his mid-50s who underwent routine PSA testing in May 2013. The PSA was found to be elevated at 8.2, which requires further investigation. The physician read the report and noted on the labs were “very good.”

In June 2014 he went to another physician who ordered his PSA. At that time, his PSA was 14. He was diagnosed with an aggressive prostate cancer yielding a Gleason score of 9 with invasion into the seminal vesicle and extraprostatic extension.

He required nine weeks of transrectal radiation, estrogen therapy causing him to gain weight and become depressed. Last and most importantly, the delay caused his prostate cancer to advance to a less curable stage.

The plaintiff contended that his primary care physician should have immediately sent him for further testing and failed to do so resulting in a one year delay in diagnosis. Plaintiff alleged lost earnings from his business and his wife alleged loss of consortium. The case settled prior to the defendant’s deposition for $2 million at a mediation.