San Jose Doctor Fails To Timely Diagnose in San Jose Medical Malpractice Lawsuit, Part 3 of 3

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

As per DOCTOR’s prescription, plaintiff met with him for a second DRE on May 2, 2006, and plaintiff had blood drawn on May 3, 2006 for a total PSA test.

On May 9, 2006, DOCTOR telephoned plaintiff and informed him that his total PSA test result was 5.34 and it might indicate that plaintiff had prostate cancer. DOCTOR wanted plaintiff to come and have another blood draw to re-test for total PSA and additionally test for free PSA. Plaintiff had the blood drawn on May 10, 2006. His total PSA tested at 5.2 and his free PSA tested at 21 percent, the same as on April 22, 2004 just prior to DOCTOR prescribing a two-year interval between tests.

On May 9, 2006, plaintiff informed DOCTOR that he wanted to get a second opinion from the Stanford Comprehensive Cancer Center. Plaintiff asked DOCTOR for his Notes Reports and recent PSA Laboratory Reports, and DOCTOR indicated that his assistant would provide said medical records. Plaintiff talked to the assistant three times during the next two weeks requesting the records and each time the assistant said that she did not have the time to fax the records to plaintiff.

On May 23, 2006, plaintiff was informed by another DOCTOR’s assistant after telephoning the assistant for a fourth time that plaintiff had to get the records from the central office of HOSPITAL. Plaintiff alleged that it was during this two-week period in May 2006 that DOCTOR forged and falsified plaintiff’s medical records and the assistant knew that he was doing so.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

On May 23, 2006, plaintiff signed an authorization to have HOSPITAL release a copy of Roberts’s Notes Reports and plaintiff’s PSA Laboratory Reports ordered by DOCTOR. These records were provided and, plaintiff alleged, each of the five “Results” reports provided with laboratory test results was a forged and falsified report. Reports then “disappeared” from plaintiff’s records at HOSPITAL. Plaintiff alleged that DOCTOR, the assistant, and HOSPITAL conspired to conceal from plaintiff the falsification of records.

On June 5, 2006, after a prostate biopsy was performed on May 30, 2006, plaintiff was diagnosed with prostate cancer at the Stanford Center, and on June 22, 2006 started hormone treatment to block the production of testosterone, a treatment that would last until the end of 2008. On August 15, 2006, plaintiff started radiation treatments that would last for eight weeks. Plaintiff will not know until sometime after the cessation of the hormone treatment if he is cured.

According to court records:

Delayed diagnosis of prostate cancer; emotional distress.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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