Failure to Diagnose Prostate Cancer Case Settles for $1.3 Million in Massachusetts
2024 Medical Malpractice Case Report
By Attorney Robert M. Higgins
Essex Superior Court, Massachusetts
Lawsuit claimed failure to offer PSA testing by PCPs denied patient diagnosis, treatment and cure of early prostate cancer
On 9/23/2014, the plaintiff presented to the defendant primary care physician for a physical examination. During the physical examination, the defendant performed a digital rectal examination which revealed prostate enlargement. She diagnosed benign prostatic hyperplasia (BPH) but failed to discuss or ordered prostate cancer screening with prostate specific antigen (PSA) blood testing.
In 2015, 2016, 2018 the plaintiff was seen for complete physical exams. On each visit the plaintiff’s rectal exam showed an enlarged prostate and the defendant diagnosed BPH. On each occasion the defendant failed to discuss or offer PSA testing.
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In 2019 the plaintiff saw another primary care defendant for a complete physical exam. On this visit the defendant echoed the diagnosis of BPH but failed to do a rectal exam and failed to discuss or order PSA testing.
In November 2020, the plaintiff saw the defendant for a physical exam. His prostate was again enlarged and the defendant stated that it was probably time to get a PSA as it had not been done “in a while”. The PSA was ordered and returned grossly elevated at 126. A follow up PSA 2 weeks later was still elevated at 86 and the plaintiff was referred to a urologist who made the diagnosis of Stage 4 prostate cancer. The cancer was found outside the prostate in his pelvis and spine. He underwent aggressive treatment which has controlled his cancer to date but the plaintiff is not curable and will die prematurely from his prostate cancer.
The plaintiff retained several expert witnesses who were of the opinion that the standard of care required the defendants to offer PSA testing in the years 2015-2019. It was their opinion that the plaintiff had early prostate cancer and diagnosis would have resulted in a cure of his cancer. Instead the plaintiff will die in the near future of advanced prostate cancer.
The case settled for $1,300,000.
Lubin & Meyer attorneys Andrew C. Meyer and Robert M. Higgins represented the plaintiff in this medical malpractice action.
Other recent prostate cancer cases:
$2.84 Million Verdict - Urologist decides elevated PSA is benign, fails to diagnose prostate cancer (Gleason 9).
$1.5 Million Settlement - Urologist's delay in diagnosis of Gleason 9 prostate cancer leads to advanced disease
$1 Million Settlement - PCP’s failure to offer PSA screening leads to delay in diagnosis of advanced prostate cancer.
$1 Million Settlement - Lawsuit claims doctor was negligent by failing to refer patient to a urologist for a biopsy after elevated PSA tests, and failure to repeat prostate cancer screening annually.
$1 Million Settlement - Wrongful death lawsuit involving a 58-year-old man who died during a prostatectomy following misdiagnosed prostate cancer
See our Patient Safety Blog post:
As Prostate Cancer Screenings Have Decreased; Advanced Cancers Have Skyrocketed
Learn more: How To Determine Medical Malpractice in Cancer Cases
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