$1.3 Million Recovery in New York Medical Malpractice Case

Delayed Prostate Cancer Treatment - Delayed Diagnosis

At the completion of discovery, WRSH partner, Jason Rubin, settled a medical malpractice case arising out of a delay in the diagnosis and treatment of cancer of the prostate. Plaintiff was a long-time patient of the defendant doctor, an internist. During routine prostate cancer screening, a PSA test ordered by the doctor revealed a level of eight, which is abnormally elevated. Plaintiff contended that he was not advised of this result nor advised to consult with a urologist, though defendant's office chart indicated that plaintiff was referred to a urologist. Plaintiff returned to the defendant's office three months later and the doctor made no inquiry or follow-up regarding whether plaintiff had seen a urologist. Approximately eight months later, plaintiff underwent another PSA test, which revealed a level greater than 250, which is extremely elevated. Plaintiff then underwent a prostate biopsy and bone scan, which revealed stage IV prostate cancer metastatic to the bones. The case settled for $1.3 million dollars which was the full amount of defendant's malpractice liability coverage.

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