Medical Malpractice – Failure to Diagnose

Plaintiff, a 74-year-old man, obtained his urological care from defendant urologist for many years. In 2021, plaintiff was diagnosed with metastatic prostate cancer. Plaintiff alleged that defendant urologist failed to properly monitor his PSA levels over time. Plaintiff claimed the standard of care required that no later than 2018, based on his PSA levels, testing such as MRI or biopsy was required, which would have identified the cancer while it was curable. Plaintiff claimed that, because of the negligence, he would die within the next five years.

Defendant urologist claimed that plaintiff’s PSA levels naturally fluctuated, and such fluctuation was normal for the patient. Thus, testing was not required. Defendant claimed that plaintiff did not develop prostate cancer until after 2018. Thus, even if testing was done in 2018 or earlier, it would not have identified cancer. Further, defendant claimed that plaintiff was responding well to treatment and that he would not die within the next five years.

An early mediation was unsuccessful. As trial approached, a settlement of $2 million was reached.