Like many other forms of cancer, prostate cancer can be successfully treated when – and this is key – it is caught early.
But doctors sometimes fail to recognize the warning signs of prostate cancer, fail to appropriately recommend their patient take a simple prostate-specific antigen (PSA) blood test that detects the presence of early prostate cancer or fails to note or realize that the PSA is elevated, resulting in a lengthy delay in diagnosing prostate cancer, which can prove fatal.
If you or a loved one suffered severe injury or death due to a delayed or missed diagnosis of prostate cancer, you should contact a prostate cancer attorney for a free evaluation of your case.
Kline & Specter, with more than 50 attorneys, five of whom are also highly skilled doctors, has the expertise to handle your prostate cancer case. Call 800-243-1100 or contact a prostate cancer lawyer today. An evaluation of your case will be conducted for free.
The firm is currently handling several prostate cancer cases. In one case, the patient’s blood test showed a high level of PSA that was missed by his physicians, resulting in the delay in diagnosis of his prostate cancer until several years later. In another case, a patient who had already been treated for prostate cancer had a recurrence of the cancer that should have been diagnosed and treated at an early stage based on his rising PSA, but was missed until it was too late, resulting in his death.
What is a PSA Blood Test?
A PSA blood test and rectal examination are generally recommended for patients older than 50 or earlier, depending on their medical and family history. Many doctors also recommend a digital rectal exam to detect abnormalities of the prostate.
Prostate-specific antigen is a substance made by cells in the prostate gland. The chance of having prostate cancer goes up as the PSA level goes up, with the development of prostate cancer usually noted when the level goes above 4. (Although a lower level is not a guarantee that a man does not have prostate cancer.)
If your PSA level is high, your doctor may recommend repeating the test or getting a prostate biopsy to determine if you have cancer.
What Are the Symptoms of Prostate Cancer?
While there are often no early symptoms of prostate cancer, a tumor can cause the prostate to swell. As a result, patients may notice the following warning signs:
- Frequent need to urinate, especially at night
- Difficulty starting or stopping urination or a weak or interrupted urinary stream
- Leaking of urine when laughing or coughing
- Inability to urinate standing up
- A painful or burning sensation during urination or ejaculation
- Blood in urine or semen
More advanced prostate cancer can produce unexplained weight loss, swelling of the legs, difficulty walking (sometimes with constipation), and chronic back, pelvis, or bone pain.
What Are the Treatments for Prostate Cancer?
Prostate cancer can be successfully treated, especially if caught early. Treatment includes surgery, chemotherapy, cryotherapy, hormonal therapy, and radiation. Another form of treatment involves implanting radioactive "seeds" into a patient's prostate gland.
Legal Recourse for Families After Fatal Prostate Cancer Misdiagnosis
When a fatal prostate cancer misdiagnosis occurs, families may have legal recourse through a medical malpractice lawsuit. Here are some critical aspects to keep in mind.
Proving Medical Malpractice
To establish malpractice, families need to prove:
- A doctor-patient relationship existed.
- The healthcare provider's negligence (failure to act as a reasonable professional would).
- The negligence caused harm to the patient.
Types of Compensation
Families may seek financial compensation for:
- Medical expenses related to treatments before the misdiagnosis was recognized.
- Funeral and end-of-life costs.
- Loss of income and financial support.
- Pain and suffering, including emotional trauma from losing a loved one.
- Loss of consortium (the loss of companionship, love, and care).
Wrongful Death Claims
In many states, families can file a wrongful death lawsuit if negligence caused a fatal outcome. Immediate family members, such as spouses, children, or parents, are usually eligible to pursue these claims.
Expert Testimony
Prostate cancer misdiagnosis cases often need medical expert witnesses who can explain:
- How the provider's negligence occurred.
- How an earlier or accurate diagnosis could have altered the outcome.
The Impact of Delayed Prostate Cancer Diagnosis on Patient Outcomes
A delayed prostate cancer diagnosis can have a significant impact on patient outcomes. Here are some examples of potential effects.
Progression to Advanced Stages
Prostate cancer often grows slowly. Delayed diagnosis can allow it to spread (metastasize) beyond the prostate to nearby organs, bones, or lymph nodes.
Localized cancer (confined to the prostate) has a high survival rate when treated early. Metastatic cancer (spread to other areas) is much harder to treat and has a much lower survival rate.
Lower Survival Rates
The American Cancer Society states that the five-year survival rate for localized prostate cancer is greater than 99%. If a delayed diagnosis leads to the cancer spreading to distant areas, the 5-year survival rate drops to around 34%.
Increased Treatment Intensity and Side Effects
Earlier stages of prostate cancer can often respond well to less invasive options like active surveillance or localized therapies.
In advanced cases, patients may need aggressive treatments, such as:
- Chemotherapy
- Hormone therapy (androgen deprivation therapy)
- Surgery combined with radiation
Aggressive treatments often come with severe side effects, including:
- Erectile dysfunction
- Urinary incontinence
- Chronic fatigue
- Hormonal imbalances
Quality of Life Decline
The physical and emotional toll of delayed diagnosis can diminish a patient's quality of life. Advanced cancer treatments can impair day-to-day functioning and increase pain levels. They can also lead to psychological challenges like anxiety and depression.
Financial Burden
Delayed diagnosis often leads to extended and costly treatments. Advanced cancer care can include hospitalizations, long-term medications, and ongoing palliative care.
Impact on Treatment Success
Prostate cancer caught early allows for curative treatment. Delayed diagnosis may mean treatment becomes about managing symptoms rather than eradicating the cancer.
Why Medical Expertise Matters in Prostate Cancer Malpractice Cases
Medical expertise plays a critical role in prostate cancer malpractice cases. Here are some specific ways that medical experts can help:
- Establishing the standard of care and identifying deviations that led to delayed diagnosis or improper treatment.
- Proving causation and showing that a healthcare provider's negligence caused harm.
- Interpreting the results of technical tests like the PSA test, Digital Rectal Examinations, Prostate biopsies, and imaging scans (MRI, CT, or bone scans).
- Explaining the impact of delayed diagnosis.
- Clarifying treatment options that would have been available had the patient received an earlier diagnosis.
- Providing credibility in court, making the case more persuasive.
Schedule a Consultation With a Prostate Cancer Lawyer
Kline & Specter is ready to discuss your case and provide representation if needed. You can reach us at 215-772-1000 to speak with an experienced prostate cancer attorney. You can also complete an online contact form, and our office will be in touch.
Our firm provides free and confidential evaluations of potential cases. We handle cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, we partner with local attorneys.
