Facts

In 1998, plaintiff Robert Wasko underwent a routine physical from his primary care physician, defendant John Hill. Hill ordered a blood draw and a PSA test, the results of which were normal. Two years later, in 2000, the plaintiff underwent another physical, blood draw and PSA test. His PSA level was high, and the laboratory noted the high level in its report. One month later, in January 2001, the plaintiff visited the defendant. The defendant's notes from the meeting did not mention plaintiff's elevated PSA, the need for more laboratory work or a referral to a urologist.

In 2004, plaintiff went to a different doctor who told him his PSA level was high. The plaintiff was referred to a urologist and underwent a biopsy, which revealed the plaintiff had prostate cancer. The plaintiff underwent a prostatectomy that revealed an aggressive lesion in his prostate that was spreading. The plaintiff was staged as a 3bMO. He brought suit against the defendant for medical malpractice.

PLAINTIFF’S CONTENTIONS:
The plaintiff claimed the defendant violated the standard of care of every visit after 1998. He alleged that the defendant failed to check his PSA level, failed to tell him about his elevated PSA level, and failed to refer him to a urologist. He claimed his cancer could have been cured if there had been more timely treatment and defendant's failure to inform him caused a delay in his receiving treatment.

DEFENDANT’S CONTENTIONS:
The defendant claimed he advised the plaintiff of his PSA level in January 2001, and that it was the plaintiff who failed to have the recommended laboratory work done. He denied the delay in treatment did not have any effect on plaintiff's terminal prognosis.

Damages

The plaintiff requested $936,500 and his wife requested $250,000 for loss of consortium.

Injuries

Terminal prostate cancer with a life expectancy of 18 months.

Result

The parties settled for $550,000.

Other Information

The plaintiffs' original demand included an offer to resolve a potential wrongful death action. The final settlement does not preclude a later wrongful death action.