Interests: APPEALS LAWYER, Interests

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Succeeding As a Paralegal

Paralegal work is one of the fastest growing fields in the legal community and is crucial to the functioning of any law firm. So what is a paralegal? Paralegal is the title given to someone who assists a lawyer in their practice of law. A paralegal doesn’t have to be formally qualified, and usually helps with legal research and the preparation of documents relating to litigation. A paralegal, although often not formally trained, is a great way for those studying law – or those who don’t want to study law but are interested in the legal system – to enter this work sector.

If this sounds appealing to you, and you’re considering a job as a paralegal, having these skills and attributes will help you secure paralegal jobs.

- Organisational and multi-tasking skills. Most law work is document intensive, and keeping all written, digital and online communications in order and organised is essential to a structured and successful case and office. Also, paralegals will be called on to do a variety of jobs, so juggling different types of tasks that will need doing at the same time is essential.

- Research skills. A large part of paralegal work involves legal research, whether that be into past cases, case facts or background information. Having competent computer and internet skills are essential, as is the ability to use legal databases.

- Written and communication skills. It is essential that paralegals are able to write in a clear, concise and persuasive manner as they will be called upon to draft a number of different legal documents. Other interpersonal communication skills are also key, as paralegals will interview clients, talk with experts and spend a large part of their day organising and communicating.

- Attention to detail. Paralegals are often called upon to do fact checking, document analysis and a number of other ‘double checks’. Attention to detail, therefore, and meticulousness are sought after characteristics in a paralegal.

Paralegal work is diverse and varied, and there are a number of different avenues that those interested in paralegal work can go down. A majority of paralegals are employed in law firms, but there are a number of other government, business and non-profit corporations that also employ paralegals on their teams.

Also, while it is difficult to transfer many qualified legal careers across borders, because there are no formal qualifications required of paralegals, paralegal work is easily undertaken in a number of countries. Those with paralegal experience in Sydney, for example, will not lack the qualifications to apply for London law jobs in the paralegal field.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.

Why Are Court Reporters Needed For Legal Proceedings?

Court reporters are often present in legal proceedings. As guardians of the record, they take down everything that is said by all parties during the proceedings. This is done using a steno machine to capture words and phrases as they are spoken syllable by syllable. Court reporters are present at legal hearings and motions, depositions, trials, courts martial, settlement conferences, examinations under oath, fact-finding conferences and arbitrations. While is it not usually required by law that a stenographer is present, most lawyers will hire an independent court reporter to make sure that the opposing side has done so. Some court jurisdictions provide one with the courtroom, particularly if it hears criminal cases. There are a number of reasons attorneys prefer to have a court reporter present.

Proof

Sometimes people remember things differently. This is often the case with legal testimony. Hiring an impartial, accurate third party to take down the testimony prevents prolonged quibbling later over who said what when. Should the lawyers have a disagreement, the proceedings – or a portion of them – can be transcribed into a certified written record. At this point, counsel can read the true record and decide whether someone made a certain statement or not.

Memory

In many cases, an attorney may need to write an order or compile a list of items requested in the legal case. Rather than attempt to make a complete list or take notes during the hearing or deposition, the lawyer can rely on the deposition reporter or court stenographer to produce an accurate excerpt of the proceedings. This will include an exact statement of not only the list, but any stipulations or requirements. For example, the rules agreed upon by both parties in a child custody battle may be typed up by a court reporter. The attorney who is writing an order will have all of the features of the agreement available in the proper terminology. When the order is written based on the court reporting transcription, it will be accurate.

Absence

There are several reasons why an attorney might not be present for a deposition, court hearing or other legal proceeding. Absence when something important happened can be detrimental to a lawyer’s case when a court reporter was not there, either. The lawyer may have recently been added or substituted as the party’s attorney. They may need to see everything that has been transcribed in the case to get up to speed with all testimony and agreements. Occasionally, an attorney will work with a number of other lawyers in the same case. Different lawyers will cover different parts of the case, then trade information later.

Appeal

In the event a trial verdict is appealed by either party, most courts of appeal require the original certified transcript to be filed with the appeal request. Even if it has been quite some time since the original case was heard, the stenographer can produce the transcript. They are required by law to keep their notes for a certain number of years, depending on the city or county jurisdiction, and whether it is a federal or state case.

Review

From time to time, things happen in court or in deposition which are reviewed by higher decision makers regarding specific repercussions of the case. This includes the State Bar, medical malpractice panels and parole review boards. By providing a true context of what took place in the previous trial or hearing, the current panel can better understand how the present circumstances came to be.

Man Pursues $2,750,000 Medical Malpractice Lawsuit Against Doctor For Delaying His Cancer Diagnosis Posted By : J. Hernandez

Prostate cancer strikes African-American men earlier and often more aggressively from the rest of the population. Men of African-American descent are at greater risk of having prostate cancer at a younger age. Because of this, doctors typically acknowledge that physicians ought to go over prostate cancer screening wiith males of African-American descent once the patient turns forty-five. By commencing earlier with African-American men screening ought to lead to the detection of the cancer at an earlier and possibly curable stage. When physicians do not follow the guidelines for cancer screening andthe individual is subsequently diagnosed with advanced prostate cancer that physician might be liable for medical malpractice.

Aside from standard screening for cancer, doctors also should really be able to recognize and follow up when a patient has complaints suggestive of possible cancer. Doctors also should either perform screening testing requested by a patient or make it clear to the individual that they will not perform the test and that the patient will need to see another doctor if he still wishes to be screened. For example, in a documented lawsuit the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The patient requested for the screening test after participating in a campaign to improve awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

There are two tests generally used to screen for prostate cancer. They are both done since they look for distinct indicators. The first is a physical examination of the prostate gland. The other is a blood test that quantifies the PSA level in the patient’s blood stream. In keeping with the patient’s request the physician conducted a physical examination of the prostate. The doctor did not discover any palpable abnormalities on the prostate. The doctor then ordered blood tests. The tests, however, did not include a PSA test. The physician did not tell the patient that no PSA test had been done. The patient was seen again by the same physician 2 years later. This time the physician failed to conduct a physical examination of the prostate and just as before did not order a PSA test.

What this physician did was to give the patient a false sense of security. By doing the digital examination of the prostate and ordering blood tests the physician left the patient with the perception that the physician had conducted a full screening. In situations like these, most patients would probably feel that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. Either way, though, he clearly was justified in believing he had gone through a full screening in the earlier visit.

Advance to later that same year. The patient returns to the same medical practice but is seen by a different doctor. This physician both completed a digital examination and order a PSA test. The result – the patient had stage 4 prostate cancer which had spread to the bone. Due to the fact that the male patient was now approaching 45 and under the guidelines the doctor would normally only at this time have at least had a conversation about screening. In this instance, however, the individual had specifically asked to be screened earlier and the actions of the doctor had led him to expect he had been.

The patient filed a lawsuit against the physician who had failed to get the PSA testing. The law firm that represented the patient published that it took the case to trail where a jury awarded the plaintiff $2,750,000. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.