Prostate cancer is one of the most common cancers among men. By 2024, over 299,010 new cases of prostate cancer are expected to be diagnosed in the United States. If you were diagnosed with prostate cancer late, you may be eligible to sue a doctor for medical malpractice.
While survival rates for the disease are relatively high compared to other cancers, misdiagnosis at any point of the journey can drastically impair an individual’s quality of life.
When detected in its earlier stages (localized and regional), the 5-year relative survival rate for the disease is 99%. This survival rate plummets to 34% when found at its latest stage (distant). We’ll briefly circle back on other stage groupings later.
This article presents legal and medical information relevant to prostate cancer malpractice. We hope that this answers all your questions. In any case, you can always reach out to our team for more specialized concerns (free of charge, with no obligation).
Understanding The Disease
Approximately 1 in 6 men will be diagnosed with prostate cancer in their lifetime – making the disease the second most common cancer in American men. While the disease can occur at any age, it mainly affects those over 65 years old. Understanding the technicalities of the disease is important in establishing and strengthening your malpractice claim.
Signs and Symptoms of Prostate Cancer
In the early stages, prostate cancer is often asymptomatic. Some of the disease’s earlier symptoms are also shared with other medical conditions. This makes early diagnosis a bit tricky. Still, it is the responsibility of your doctor to assess potential risks and prescribe respective tests.
Earlier signs include, but are not limited to:
- Difficulty urinating
- Decreased force of urine flow
- Blood in semen or urine
- Frequent urination (especially at night)
- Pain during urination/ejaculation
- Discomfort in the lower back, upper thighs, or pelvis
These early symptoms should never be ignored or downplayed.
Stages of Prostate Cancer
Prostate cancer has 13 specific stage groups. Here’s a brief overview of their general stages:
| STAGE I | - Tumor is small and localized - either not felt by a digital rectal exam, only on one side of the prostate, or found by biopsy from a high PSA test - Has not spread to lymph nodes or other parts of body - Grade Group 1 (Gleason score 6 or less) - PSA less than 20 ng/mL |
| STAGE II | - Tumor may or may not be felt/seen on imaging, but has not spread outside prostate - Has not spread to lymph nodes or other parts of body - Either Grade Group 1 with PSA 10-20 - or Grade Group 2-4 with PSA less than 20 |
| STAGE III | - Tumor could be felt/seen but confined to the prostate or just outside of the gland - Has not spread to lymph nodes or distant sites - Grade Group can be 1-4PSA is 20 ng/mL or higher |
| STAGE IV | - Tumor may have grown out of the prostate into other tissues or spread to lymph nodes - Cancer has metastasized to other parts of the body - Any PSA level or Grade Group |
The Impact of Delayed Diagnosis
Failing to identify prostate cancer early can be devastating in the long run – allowing the disease to progress and leaving it untreated. According to a study from 2018, 1 in 3 diagnosed men discovered their prostate cancer at its later stages wherein cancer has already metastasized. Treatment options are significantly narrow at that point, leaving hormone therapy and chemotherapy as the only practical treatments.
While radiation therapy could still present relevant results, extensive metastasis is difficult to fight (again 5-year survival rates drop to 30% at this stage). Despite aggressive treatment and care, remission periods still get progressively shorter also.
In short, early diagnosis makes a life-changing difference in the prognosis for prostate cancer patients. Catching it early all but ensures survival as well as minimal impact on one’s livelihood and quality of life after treatment.
Prostate Cancer Malpractice at a Glance
Medical malpractice is not a common occurrence, but it can happen at any point in your journey. Test and screening are not always 100% accurate, however, it is your doctor’s legal responsibility to account for and offset these inconsistencies.
You’d need to establish four key elements to validate your medical malpractice claim, and they are as follows:
| Duty of Care: Was there a doctor-patient relationship that created a duty of care owed by the doctor? |
| Breach of Duty: In what ways specifically did the doctor's medical treatment fail to meet the professional standard of care? |
| Causation: Can you demonstrate that the patient's damages were a direct result of the doctor's negligent medical care? |
| Damages: What specific physical, emotional, or financial injuries/losses were suffered by the patient as a result of the medical negligence? Can you quantify the harm the patient endured due to the doctor's substandard medical treatment? |
Specific to prostate cancer, grounds for malpractice lawsuits include (but are not limited to) situations such as:
- Failure to conduct routine PSA tests for high-risk men
- Failure to biopsy despite elevated PSA levels
- Failure to accurately read biopsy pathology reports
- Misreading other relevant diagnostic results
- Failure to monitor adequately or order follow-up testing
Working with the Right Professionals
Statutes of limitations vary for every claim. As such, it is important to seek professional advice as soon as possible. If you are looking to pursue any legal action, seek lawyers who specialize in medical malpractice. Doing so increases your chance of success.
With the help of the right medical malpractice lawyers, you can take on these preliminary steps easily:
- Gathering and Preserving Evidence - Obtaining copies of all relevant medical records, bills, notes, etc. related to the injury/incident.
- Getting an Expert Opinion - Having a qualified medical expert review your records to assess if there was negligence. Their written opinion can support your claim.
- Calculating Damages - Documenting both economic and non-economic losses and damages due to the malpractice.
- Filing the Medical Malpractice Complaint - Officially filing the complaint starting the litigation process if a settlement is not reached beforehand (90% of medical malpractice cases end in out-of-court settlements when properly established).
Legal and medical professionals work together to successfully prove a medical negligence lawsuit. It is important that you seek guidance from someone you can trust.
Speak to an Expert Medical Malpractice Lawyer Today
Prostate cancer is highly curable if detected early. Medical malpractice puts many individuals into unfairly disadvantageous positions and should never be overlooked. At Porter Law Group, we safeguard you and your family’s best interests.
We work in tandem with licensed medical professionals to win your case. If you or someone dear to you has suffered due to medical malpractice, please reach out to us for a no-obligation free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
