Weitz & Luxenberg attorney Jared Scotto was recently named a 2023 New York Law Journal Distinguished Leader. The award honors lawyers with great performances, while…
Read MoreProstate cancer originates in the prostate. “The prostate is a small walnut-shaped gland in males that produces the seminal fluid that nourishes and transports sperm.” (1)
Prostate cancer is a common type of cancer in men. Some prostate cancers grow slowly. They remain in the prostate gland and rarely cause serious harm. These types may not even require treatment. (2)
However, some types of prostate cancer are aggressive. These types can spread quickly. (3)
According to the Centers for Disease Control and Prevention (CDC), “prostate cancer is the most common cancer among men in the United States. It is also one of the leading causes of cancer death among men,” other than non-melanoma skin cancer. (4)
Statistics for one year show 211,893 men were diagnosed with new prostate cancers. A total of 31,488 men died from this cancer. (5)
According to data from the New York State Department of Health, prostate cancer cases and deaths for the years 2014-2018 were: (6)
In its early stages, you may not notice any signs or symptoms of prostate cancer. More advanced prostate cancer may mean you have: (7)
If you or a loved one have experienced a prostate cancer misdiagnosis, contact us to understand your legal rights.
Get a Free Case ReviewAccording to one study, roughly 50% of the men were told they had a less aggressive form of prostate cancer when they actually had a more aggressive form. Those men who were told their cancer wasn’t particularly dangerous were given “false hope.” The severity of the disease was underestimated. (8)
Two types of screening tests are used to detect early stages of prostate cancer. However, “neither the PSA test nor the DRE is 100% accurate.” (9)
PSA stands for prostate-specific antigen (PSA) levels. These can be detected in a man’s blood.
A DRE or digital rectal exam is another screening test. For this exam, “the doctor puts a gloved, lubricated finger into the rectum to feel the prostate gland.” (10)
The idea is if the results come back abnormal, you are advised to undergo further testing. But if neither test is 100% accurate, you can receive an incorrect diagnosis. You might be told your screening is normal when you actually have cancer. (11)
Saying you don’t have cancer can give you a false sense of security. You might have cancer. If it’s untreated, it leads to progressive disease. (12)
Or you could be told you do have cancer, but you really are not sick. Inaccurate tests can lead to unnecessary, expensive treatments. These treatments can lead to side effects such as urinary, bowel, or sexual difficulties. (13)
Did your doctors fail to do something they should have? All of these errors could qualify as prostate cancer misdiagnosis: (14)
If you have a type of cancer called small cell carcinoma (SCC) of the prostate, you have a rare but aggressive type of prostate tumor. “Delay in diagnosis and misdiagnosis further worsens the outcome of this disease.” (15)
The first step in successfully treating prostate cancer is getting an accurate diagnosis. Symptoms of advanced disease include: (16)
The earlier a prostate tumor is diagnosed, the better. A delayed diagnosis can mean an increased risk of disease progression possible resulting in inoperable cancer, more physical pain, erectile dysfunction, and higher medical costs.
Doctors diagnose the stage of your cancer. Staging includes four stages and three parts: tumor, nodes, and metastasis (TNM). Doctors consider the size of the tumor, if the tumor has spread to nearby lymph nodes, and if the cancer has spread. (17)
Ideally, doctors find a tumor only in your prostate itself. These tumors are more likely to be treated successfully. “Tumors that have metastasized are incurable and require drug based therapies to treat the whole body.” (18)
If doctors do not diagnose your tumor until it has advanced, time-consuming, costly, and complex treatments may be necessary, such as: (19)
Depending on the treatments you undergo, many side effects are possible. These include: (20)
If you or a loved one suffered harm because your prostate cancer was misdiagnosed, you may want to file a lawsuit. The key question is: Was your medical professional negligent? (21)
Most medical malpractice claims are linked to misdiagnosis. Most payouts to plaintiffs — 34% — are due to this misdiagnosis. In addition, 22% of payouts are for surgical errors and 20% are for treatment errors. (22)
To be considered medical malpractice, a reasonable “standard of care must have been breached by the medical professional.” You must have suffered an injury as a result of the error. The mistake must have been “the cause” of your injury. (23)
“All medical malpractice cases will need proof, and this burden is on you and your legal team. … It’s best to discuss your case with a lawyer who can assess all of the facts. (24)
If you have suffered from a prostate cancer misdiagnosis, contact us today for a free case review.
Get a Free Case ReviewWeitz & Luxenberg was founded in Manhattan. We have been representing clients throughout the state of New York for decades.
Our team of experienced medical malpractice and wrongful death attorneys can help you. We can provide you with legal guidance for your specific circumstances.
Plus, we have a proven record of achieving favorable outcomes for our clients. Here are a few examples of our successes:
