Confidential
Settlement – $500,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James A. Black
(technical)
Colin M. Bloor
(medical)
Michael S. Adams
(technical)
Joseph D. Schmidt
(medical)
Malin R. Dollinger
(medical)
Bernard Michilin
(medical)
Facts
In March 1994, the plaintiff, 59 years old, saw the defendant general practitioner with a Prostate Specific Antigen (PSA) of 7.8. Normal PSA is 0.0 to 4.0. Defendant doctor repeated the PSA three months later, with a value of 8.4. Six weeks later, the PSA test was again repeated, with a value of 7.5. Digital rectal examination resulted in a 2+ description of the prostate. Defendant failed to perform another rectal examination until July 1996, when he noted a 3 millimeter nodule. PSA taken three months later resulted in a value of 15.6. Defendant failed to inform plaintiff of increased PSA values, or the implications thereof. Defendant failed to order PSA in 1997, but ordered the test in January 1998, with a value of 993. Bone scan revealed wide spread metastasis. The defendant claimed he referred plaintiff to a urologist in 1996. The plaintiff disputed this contention and a questioned document expert using sophisticated techniques concluded that defendant had altered his medical chart.
Damages
Plaintiff was earning $94,000 per year, and was forced to stop working due to chemotherapy and its side effects. Annual medication costs are $45,492, all collateralized.
Injuries
Metastatic prostate cancer, with reduced life expectancy.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390