Personal Injury Lawyer Blog
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.)
DOCTOR did not state in his April 30, 2004 Notes Report that he told plaintiff on April 30, 2004 that plaintiff’s free PSA was 21 percent on April 22, 2004 or that he told plaintiff on April 30, 2004 that his free PSA was 26 percent on April 22, 2004, but does state in the report: “His percent free PSA in 10/2002 was 26 percent, indicating no significant risk of prostate cancer at that time.” With this statement, DOCTOR falsified his April 30, 2004 report.
Jensen ordered the free PSA test and the two total PSA tests from plaintiff’s April 22, 2004 blood draw but never informed plaintiff on or after April 22, 2004 that his free PSA test result was 21 percent on April 22, 2004 or the fact that it had dropped from 26 percent on October 30, 2002.
At the April 30, 2004 DRE session, DOCTOR informed plaintiff that his total PSA had come down with the last three total PSA tests. DOCTOR prescribed a two-year testing interval for plaintiff’s next DRE and PSA tests. Plaintiff initially objected and asked DOCTOR, “I’m not going to wake up two years from now with prostate cancer, am I?” DOCTOR responded, “No, you won’t.” Plaintiff responded, “Are you sure?” and DOCTOR responded, “Yes, I am. You are going to be fine. Don’t worry about it. Your last three PSA tests have come down.” Plaintiff responded, “Okay, I’m trusting you.” DOCTOR did not state in his April 30, 2004 Notes Report that he prescribed a two-year testing interval but stated he told plaintiff: “Recommend annual digital rectal examination and serum PSA.” With this statement, DOCTOR falsified his April 30, 2004 Notes Report.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
On April 1 and May 16, 2005, approximately one year after DOCTOR’s April 30, 2004 two-year prescription, plaintiff had blood drawn at HOSPITAL for a Lipid Profile and a Hepatic Panel.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.