This year approximately 14% of the one hundred ninety three thousand men diagnosed with prostate cancer will already have advanced prostate cancer by the time the cancer is detected. With routine testing before the development of symptoms, including digital examinations and PSA blood tests, many of these men might have been diagnosed before the cancer progressed to an advanced stage. A delay until the cancer is advanced does not merely restrict the man's treatment alternatives but also dramatically decreases his chances of surviving the cancer. Look at the following published case as an example.

While performing a physical examination on a fifty-six year old male patient, a doctor noted a small nodule on the left part of the prostate. The doctor ordered a PSA test the results of which showed the level to be 3.1 - typically considered to be in the normal range. The doctor took no further action at the time. Nearly 3 years passed. The doctor again did a physical examination and documents that there were no abnormalities felt on the prostate. This time, the doctor fails to order a PSA test. The individual saw by a different doctor around 6 weeks later as part of an insurance mandated medical examination. This physician ordered a PSA test which comes back at 5.3 - high. The individual then contacted his regular physician's office and was told to come back so they can take their own PSA test. This test came back a 3.5 - in normal range. The physician told the patient not to worry and that no further action needed to be taken.

Again, nearly 3 years passed until the doctor next screened the patient. The doctor again documents the nodule. The physician then ordered a PSA test that registered at 4.7 - high. The physician fails to inform the patient and takes no action on these two abnormal test results. Nearly two years after the physical examination reveals that the prostate not only had a nodule, but was firm on the side of the nodule and was enlarged. The PSA test now shows the level at 14.1. On this occasion, the physician at last refers the patient to a Urologist who finds that the patient has stage 4 prostate cancer that had reached the bones around pubic area and the top portion of his right leg.

A medical malpractice lawsuit followed during which the doctor admitted that the existence of the nodule was an "abnormal" result. The law firm that handled this matter reported that the claim was resolved for $850,000. This sum incorporated $250,000 for non-economic damages and $250,000 for the wife's future wrongful death claim. This is the most that can be recovered for those claims under the controlling law.