Prostate cancer strikes African-American males earlier and often more aggressively from the rest of the population. Males of African-American descent are at higher risk of having prostate cancer at an earlier age. For this reason, physicians mostly acknowledge that doctors should discuss prostate cancer screening wiith men of African-American descent when he turns forty-five. By commencing earlier for African-American men screening has the potential of allowing for the detection of the cancer at an earlier and hopefully curable stage. When doctors fail to act in accordance with the guidelines for cancer screening andthe individual is subsequently diagnosed with metastatic prostate cancer that physician may be liable for malpractice.

In addition to normal screening for cancer, doctors also should really recognize and follow up when a patient reports symptoms suspicious for possible cancer. Doctors also ought to either perform screening testing requested by a patient or make it clear to the patient that they will not do the test and that the patient will need to see another physician if he still wants the test. For example, in a reported case the patient was an African-American man, age 41, who requested to be tested for prostate cancer. The man requested for the screening test after being part of a campaign to raise awareness concerning the risk middle-aged African-American men face when it comes to prostate cancer.

The doctor completed a digital examination and found no abnormalities. The physician ordered blood tests for the patient yet failed to include a request for a PSA test. The patient figured a PSA test was ordered and just assumed the results were fine as he did not hear anything further about it. The patient was seen again by the same doctor two years afterward at which point the physician did not conduct a physical examination of the prostate and just as before failed to order a PSA test.

By conducting a physical examination of the prostate and ordering blood tests the physician caused a situation in which the patient believed that he had been appropriately screened for prostate cancer and that the results had came back normal showing nothing that would suggest he had cancer. In situations like these, virtually all patients would likely believe that a PSA test was actually ordered along with the rest of the blood tests which has bee ordered on the second visit. In any event, though, he clearly was justified in believing he had completed a full screening in the earlier visit.

Subsequently that year the patient saw another doctor in the same practice. This time the physician not only performed a digital examination but additionally ordered a PSA test. The outcome - the patient had stage 4 prostate cancer which had spread to the bone. Even though the guidelines typically recommend that African-American males be at least advised about screening for prostate cancer commencing when they reach age forty-five, which this patient was now turning, in this scenario the patient had specifically asked to be screened prior to that age.

The law firm that handled this matter took it to trial and achieved a $2.75 Million verdict. The defense appealed and the parties settled for a confidential amount as the appeals was pending. Although the amount of the settlement was confidential it was less than the amount of the verdict. This is not an unusual way for both parties to reduce the risk of an adverse ruling by the Appeals Court. In this case the Appeals Court subsequently denied the appeal.