Legal Question in Medical Malpractice in California

I am a 54-year-old white male. Approximately three years ago I asked my Doctor to give me a P.S.A. test for prostate cancer. He told me that the AMA did not agree with the P.S.A. testing and preceded to do a D.R.E. and told me I was fine. The reason I had asked for the blood test was a co-worker had prostate cancer and told me that his Doctor while performing a D.R.E. had felt a lump and sent him for a test (P.S.A.) which results were a little high so he was sent for a biopsy. He had cancer and was able to have his prostate removed and appears to be all right. I will just try to summarize my story:

- I have asked my Doctor three times over the past four years for a P.S.A. test. The third time was during a routine exam and I demanded the test, which took 15 minutes of arguing back and forth. I took the test on a Friday I think February 2009. My Doctor called me Monday morning around 7 a.m. @ my office at work and told me to come and see him right away. I was told my PSA was the highest he has ever seen 650! His first comments aren�t you glade I made you have that test! I told him that is not how it went and you know it! He responded with "well any way we need to get on with this". I took a second test 4 or 5 days later and my score was 1150. To make a long story shorter I have the worst-case prostate cancer possible with the exception of one of the ratings that it has not spread to any Vidal organs, my Gleason score is 8 out of 9. I am currently receiving Hormone Therapy and my P.S.A. is now 0.134. I not sure how long I have to live at this point. But my family and I are going through Hell. Can I sue my Doctor for the pain and suffering he has caused my family and I?


Asked on 10/12/09, 3:27 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

In order to bring ANY malpractice claim, you must have an 'expert' medical doctor prepared to testify that in his opinion there was malpractice. Neither your opinion nor mine matter. You will need to consult with such expert[s] to see if you can get their testimony corroborating your opinion. If your doctor did what was within the range of what is 'normal' medical practice and testing, you have no case. Keep in mind you have only one year from learning of the malpractice to bring legal action. If you have, or think you can get, such opinion, then feel free to contact me to discuss your rights and remedies.

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Answered on 10/12/09, 2:07 pm


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