Professional Negligence Law Reporter
Medicine
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Failure to diagnose, treat prostate cancer
September/October 2023Over a six-year period, Doe underwent annual prostate-specific antigen (PSA) tests. For three of these years, his PSA level was abnormally high. Roe primary care physician allegedly ordered retesting and told Doe he was fine because his PSA was only slightly elevated. After changing physicians, Doe, 56, was diagnosed as having prostate cancer. He underwent radiation and other therapies and will require continued treatment. Doe had been an operations manager earning $142,000 annually but is now unable to work.
Doe sued Roe, alleging failure to diagnose and treat prostate cancer and timely refer him to a urologist or oncologist in light of his abnormally high PSA levels, including one reading that was double the upper normal limit. The plaintiff also argued that the defendant should have performed a rectal examination to screen for cancer. Roe argued that Doe’s cancer was asymptomatic and that an earlier diagnosis would not have changed his long-term outcome.
The parties settled for $975,000.
Citation: Doe v. Roe, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Sept. 17, 2022).
Plaintiff counsel: Benjamin Ikuta and Michelle Hemesath, both of Santa Ana, Calif.