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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12494
Experience:  Attorney with significant personal injury experience
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I am a 55 year old male. In September, 2015, I was

Customer Question

I am a 55 year old male. In September, 2015, I was experiencing blood in my urine and my primary care physician ordered a series of blood tests. My test results disclosed a PSA count of 45 (normal is between 1-4). In addition my primary care physician conducted a rectal exam and indicated that I had an enlarged prostate. He referred me to a urologist who prescribed a medication called flomax and told me to contact him if the symptoms had not gone away within 6 months. Approximately 2 months ago I went to a new primary care physician complaining of the same symptoms. A new battery of blood tests was ordered and the results disclosed that my PSA count had risen to 87.7. I was immediately given a series of tests and learned that I was suffering from a very aggressive form of prostate cancer. I immediately began treatment and am still in treatment, however, while most prostate cancers are successfully treated, mine has a statistical survival rate of 3-5 years. I have a son who just entered college and a domestic partner and was working 3 consulting jobs making approximately $300,000 per year. I have now had to cut back to one consulting job with a 2/3 reduction in salary.Naturally, I am furious that neither of the first two physicians immediately noted the severity of my excessively high PSA count or took immediate and appropriate follow up action. As a result I lost valuable treatment time.Since all of the records are on line should I consult a malpractice attorney while i am still well enough to participate in any legal action against the PPO health plan I belonged to? Do you believe I have a case here? I am otherwise healthy but hae suffered mental health problems, loss of income and a host of other problems not the least of which is the probable loss of a substantial amount of future income. How would you recommend I proceed.
Thank you.
Anthony Gallo
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 10 months ago.


Good evening and welcome. I am so sorry to hear about your cancer. Yes, what you are describing certainly suggests that malpractice may have occurred by virtue of your physician's failure to investigate the possibility of cancer more thoroughly when you first went in. It would be prudent to retain a malpractice attorney as soon as possible. Your attorney will retain a doctor to review your records and render his professional medical opinion as to whether the first physician was negligent. This opinion is what matters, not yours or mine, as only another doctor is sufficiently familiar with the standard of medical care to determine whether there was truly malpractice.

There is a one year statute of limitations for malpractice claims in CA, which means that you MUST file your lawsuit within one year after you first learned or should have reasonably learned that there was malpractice. You can locate a malpractice attorney here.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 10 months ago.


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