Pittsburgh Medical Malpractice Blog

A recent National Cancer Institute survey, which studied Caucasian men and woman aged 15 to 39, found that between 1980 and 2004, annual cases of melanoma among young women increased by 50% . The researchers also found a greater increase in young women having thicker and metastatic melanomas in which the cancer spreads to other areas of the body during that time period. The incidence of melanoma among young men did not change over this time period.

Skin cancer is the most common form of cancer in the United States and the two most common types are basal cell cancer and squamous cell cancer. These cancers usually form on the head, face, neck, hands and arms. Less common, but the deadliest form of skin cancer, is melanoma. A change in the size, shape, color or feel of a mole is often the first sign of melanoma. Most melanomas have a black or black-blue area. Melanoma may also appear as a new mole. A good possibility exists that melanoma can be cured if it is diagnosed and treated in its early stages. If melanoma is not removed in its early stages, cancer cells may grow downward from the skin surface and invade healthy tissue. Once it spreads to other parts of the body, the cancer can be difficult to control.

You should have your physician examine your skin for any suspicious markings or changes in your skin. You should seek immediately attention if you notice some of the following:

Asymmetry - the shape of one half does not match the other
Border - the edges are ragged, blurred or irregular
Color - the color in uneven and may include shades of black, brown and tan
Diameter - there is a change in size, usually an increase

The National Cancer Institute estimates there will be 62,480 new cases of melanoma and 8,420 deaths in 2008.

Seeking out medical malpractice advice can be a complicated task. If you or a loved one you were seriously injured or if someone you love died because a doctor failed to diagnose cancer, made a medical error, or provided you with the wrong type of medical care, you should speak with our Pittsburgh, Pennsylvania medical malpractrice law firm immediately. Our on staff doctors will examine your medical records to see if something more could have been done. The malpractice attorneys of Rosen Louik & Perry, P.C. offer free, no-obligation initial consultations, and there is no fee unless recovery is made. Contact us today for your free consultation.

According to a recent article published on MSN.com., many men are getting unnecessary prostate cancer blood tests. In many instances, the patient is either too young or too old. The most current guidelines do not recommend PSA screening for men younger than 40 years of age, older than 75, or for men who are expected to live less than another 10 years. However, the study found that many men in these groups are still getting the tests.

The American Cancer Society recommends that men at high risk for prostate cancer, which includes African Americans, and men with a family or personal history of the disease, should begin undergoing yearly digital rectal exams and PSA blood tests between the ages of 40 and 45. Otherwise, men with average risk should begin screening at age 50.

In a study conducted by the Veterans Affairs Boston Healthcare System and Harvard Medical School, a research team collected data on almost 106,000 men treated at Veterans Health Affairs facilities across New England from 1997 to 2004. Of the more than 232,000 PSA tests given, 16.1 percent were found to be unnecessary. Among this group, 15.3 percent were given to men older than 75, and 0.8 percent were given to patients younger than 40.

PSA level is affected by many factors other than cancer, including an enlarged prostate or benign prostatic hyperplasia (BPH). This means that PSA results can lead to an over diagnosis of prostate cancer, along with missing cancer in younger men. Changes in PSA levels over time are the key to using the test correctly. For men in their 40s, a steady rise of PSA of more than half-a-point a year is a likely indication of prostate cancer. For men in their 60s or 70s, a rise of one point or more may be an indication of prostate cancer, but once BPH starts, PSA readings become less predictive.

At the Pittsburgh medical malpractice law firm of Rosen Louik & Perry, P.C., our lawyers have represented victims of medical malpractice involving the misdiagnosis of prostate cancer. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) cancer.

If you have been a victim of medical practice, or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

According to a recent article published on CNN.com, prostate cancer prevention is a “hot” area of medical research. Cancer prevention is something we all should practice, and deciding a course of prevention is entirely up to you. However, you must keep in mind that some known risk factors of prostate cancer, such as age, race, and genetics, are beyond individual control.

Diet and exercise are always mentioned with regard to preventing all types of cancer. Eating a variety of healthful foods, with an emphasis on fruits and vegetables, and limiting your intake of red meats, especially high-fat or processed meats, are important Everyone should strive to eat five or more servings of fruits and vegetables each day. Furthermore, physical exercise and maintaining a healthy weight are key in cancer prevention.

Get screened. Though regular screening for cannot prevent certain cancers, it allows for an early diagnosis, thereby increasing the chances of surviving cancer. Consult your family physician and discuss screening tests.

At the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C., we have represented victims of medical malpractice involving the misdiagnosis of prostate cancer. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) cancer.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

According to a recent article in U.S. News, many men will develop some degree of prostate cancer if they live long enough. Autopsy studies have shown microscopic evidence of prostate cancer in 15 to 30 percent of men over the age of 50 and in 60 percent to 70 percent of men who reach age 80. The report indicates that a male born today has a 16 percent chance of being diagnosed with prostate cancer at some time in his life and a 3 percent chance of dying of the disease.

In its early stages, prostate cancer usually causes no symptoms. As the prostate enlarges, however, a man may experience some of the following symptoms:

Frequent urination, especially at night
Inability to urinate.
Trouble starting or holding back urination.
A weak or interrupted flow of urine.
Painful or burning urination.
Blood in the urine or semen.
Painful ejaculation.
Frequent pain in the lower back, hips, or upper thighs.

Although these can be symptoms of cancer, often times they are not. Therefore, if you experience any of these symptoms on a regular basis, you should seek the advice of your doctor immediately.

The Pittsburgh medical malpractice law firm of Rosen Louik & Perry, P.C. has successfully represented plaintiffs in medical malpractice cases involving the failure to timely and properly diagnose prostate cancer. If you or someone you know believes they have been the victim of medical malpractice, contact our experienced medical malpractice lawyers for a FREE consultation. We are a firm dedicated to holding medical professionals responsible for their mistakes with the goal of improving the health care system.

The majority of medical malpractice lawsuits result from the failure to diagnose and treat a serious condition in a timely fashion. Examples of those diseases that are most often misdiagnosed, or where there is a delay in diagnosis, are breast cancer, colon cancer, lung cancer, heart attacks and appendicitis.

As most people know, early detection is a key factor in the fight against cancer. For example, a woman diagnosed with breast cancer in its early stages has a greater survival rate than a woman whose breast cancer goes undiagnosed and/or is misdiagnosed. However, wrongful deaths caused by the misdiagnosis of cancer are on the rise.

Though the reasons for misdiagnosis vary, cancer misdiagnoses unquestionably are on the rise. Misdiagnosis may be the result of errors by doctors, specialists and laboratory tests, and these errors range from a totally mistaken diagnosis to a partial misdiagnosis.

WHAT FACTORS ARE FREQUENTLY ATTRIBUTED TO A MISDIAGNOSIS OR FAILURE TO DIAGNOSE?

* Failing to identify an obvious lump during breast examination
* A cancerous lesion is missed in the biopsy procedure
* A malignant mass is diagnosed as benign
* Specimens are mishandled by pathology, or improperly read or interpreted
* Failing to order x-rays, CT scans or MRI’s
* Failing to properly evaluate test results
* Failure to understand or notice the nature of a patient’s complaints
* Failure to adequately screen patients who are at an increased risk for cancer
* Failure to refer a patient to a specialist for further testing
* Failure to follow up with a patient if cancer should have been suspected

The Pittsburgh, Pennsylvania medical malpractice law firm of Rosen Louik & Perry, P.C. has the experience, knowledge, skills, and resources to successfully represent clients in cancer misdiganosis cases. Our understanding of the legal and medical issues involved come from years of successfully representing individuals who have been misdiagnosed.

If you or someone you love has been misdiagnosed, or experienced a delay in diagnosis, Rosen Louik & Perry, P.C. can help. Contact us today for your FREE evaluation.

Prostate cancer is one of the leading causes of death in men. Each year, in excess of 1.5 million men undergo biopsies to determine whether or not they have prostate cancer. Typically a male undergoes such a biopsy because on rectal exam, a prostate lesion is detected. Another reason so many men undergo prostate biopsies is because they have a positive PSA test. Despite the large numbers of biopsies performed on men, only about 250,000 of them are found to have cancer. One of the reasons for this is because the PSA test, even though elevated, does not necessarily mean that a man has prostate cancer.

Recently in the Journal “Urology”, a new test for prostate cancer is currently being used. This new test is called EPCA-2, which can not only detect prostate cancer, it can also determine whether or not this cancer has spread to other parts of the body. This new test is still undergoing clinical trials and review by the Food & Drug Administration. It could be available in the year 2008.

According to government statistics, following skin cancer, prostate cancer is the most frequently diagnosed cancer in men. It is a leading cause of death in men. Each year, around 250,000 new cases are diagnosed, and around 27,000 men die from prostate cancer.

Currently, men are encouraged, once they reach the age of 40, to undergo yearly rectal examinations and PSA testing. The problem with PSA testing is that it results in many false positives. This means that the PSA is elevated even though the man does not have prostate cancer. Unfortunately, this results in many biopsies which are unnecessary. PSA testing has also been criticized because it does not distinguish between aggressive prostate cancer and non-aggressive or a slower growing cancer. Many men who have a slow growing prostate cancer do not die of the disease. In fact, years ago, studies were performed that revealed that at autopsy, many men had prostate cancer yet died of a disease totally unrelated to that cancer. According to the study published in “Urology”, men who had elevated EPCA-2 test had cancer 94% of the time. In comparison, men with positive PSA results had cancer only 19% of the time.

In sum, the EPCA-2 test will result in better being able to diagnose prostate cancer and will reduce the number of unnecessary prostate biopsies.

At the law firm of Rosen Louik & Perry, P.C. we have successfully prosecuted a large number of cases for the failure to diagnose and properly treat prostate cancer. If you or a member of your family believe that you have been a victim of such an act of medical negligence, you may feel free to consult our law firm for a FREE consultation. We have two full-time medical physicians on staff and a large body of medical literature dealing with the diagnosis and treatment of prostate cancer. The Pittsburgh, Pennsylvania law firm of Rosen Louik & Perry, P.C. is a medical malpractice law firm who has specialized in the area of medical negligence and medical malpractice claims for over 30 years.

Resource Links:
Journal of Urology

According to the American Cancer Society, ovarian cancer is the eighth most common cancer in women (excluding skin cancer), and ranks fifth as the cause of cancer deaths in women. The American Cancer Society estimates that about 22,430 women will be diagnosed with the disease in the United States this year, and approximately 15,280 women will die this year from ovarian cancer. Two-thirds of women with ovarian cancer are 55 or older, with Caucasian women slightly more at risk than African-American women. A woman’s risk of getting ovarian cancer during her lifetime is about 1 in 67. The risk of getting this cancer and dying from it is 1 in 95.

U.S. News reports that although most cases of ovarian cancer cannot be prevented, women can do certain things that may lower risk of developing ovarian cancer:

§ Taking oral contraceptives (birth control pills) for more than five years reduces the risk by about 50 percent.
§ Breastfeeding may decrease the risk of ovarian cancer.
§ Healthy diet and regular exercise are important ways to reduce the risk of cancer and other diseases.
§ Tubal ligation (having the fallopian tubes tied) may also decrease the risk of developing ovarian cancer.

SYMPTOMS

Ovarian cancer begins in the ovaries, and because the symptoms are often common and vague, diagnosing the disease is difficult. Some of the symptoms of ovarian cancer are:

§ General abdominal discomfort or pain (gas, indigestion, pressure, swelling, bloating, cramps)
§ Nausea, diarrhea, constipation, or frequent urination
§ Loss of appetite
§ Feeling of fullness even after a light meal
§ Unexplained weight gain or loss
§ Abnormal bleeding from the vagina
§ Unusual fatigue (tiredness)

Often times these symptoms seem minor, or can be explained by other less serious conditions. For example, a woman may think that because she’s getting older, it's probably normal that she is gaining weight, or tires easily. However, if any of the symptoms persist for a period of time, you should see your doctor.

The Pittsburgh medical malpractice law firm of Rosen Louik & Perry, P.C. has represented plaintiffs in medical malpractice cases involving the failure to timely and properly diagnose cancer. If you or someone you know believes they have been the victim of medical malpractice, contact our experienced medical malpractice lawyers for a FREE consultation. We are a firm dedicated to holding medical professionals responsible for their mistakes with the goal of improving the health care system.

Cancer of the uterus is the fourth most common cancer in women. Approximately 41,000 cases of uterine cancer are diagnosed annually. Nevertheless, uterine cancer is the eighth most common cause of cancer deaths because it is generally diagnosed early. (Approximately 7,300 women die annually from uterine cancer. By way of comparison, ovarian cancer is annually diagnosed approximately 22,000 times with over 16,000 deaths). Thus, as with many other cancers, an early diagnosis of uterine cancer is crucial.

The most common symptom in 90% of women diagnosed with uterine cancer is postmenopausal bleeding. Because most women recognize the need for prompt evaluation of such bleeding, almost 75% of women are diagnosed with stage 1 uterine cancer. On average, women are diagnosed with uterine cancer at age 60. Women younger than age 40 who are diagnosed with the disease make up only 5% of the total cases, and those women almost always have specific risk factors including morbid obesity, chronic lack of ovulation and hereditary syndromes. Women who have taken tamoxifen following breast cancer are also at an increased risk for the disease.

Women who experience postmenopausal bleeding generally should undergo a dilatation and curettage (D&C) in the offices of their gynecologist. The use of this procedure by an experienced physician can diagnose up to 90% of uterine cancers. Stage 1 disease can generally be cured by surgery alone, without the need for follow-up radiation. Survival rates with surgery are 15-20% higher than with primary radiation treatment, so that primary radiation should be used only with women who are poor surgical candidates or who have unresectable tumors. Because of the high cure rates, screening is not recommended for asymptomatic women, even those who have taken tamoxifen.

Following primary treatment for uterine cancer, a woman should be seen every three to four months for the first two years, as 85% of recurrences occur in that period. For the next three years, semi-annual examinations are recommended with annual exams thereafter. These examinations should include a pelvic examination, a Pap smear and a survey of the lymph nodes. Chest x-rays may also be employed.

The medical malpractice attorneys at Rosen Louik & Perry in Pittsburgh have successfully represented women (and their families) who suffered injuries because of the failure to timely diagnose uterine cancer. If you have any questions concerning this or other matters, contact Rosen Louik & Perry for more information or a consultation.

Physicians often commit medical malpractice when they fail to diagnose a disease or other condition in a timely fashion. A study recently published in the Annals of Internal Medicine concluded that in a vast majority of the cases studied, medical malpractice was caused by errors as basic as failing to obtain an adequate medical history or perform an adequate physical examination.

The study reviewed 307 randomly chosen closed medical malpractice claims from four insurance companies, all of which involved allegations of missed or delayed diagnosis in an office setting. 60 percent of the cases studied resulted in serious harm to the patients and 30 percent resulted in death. The cases overwhelmingly involved various types of cancer, most frequently breast cancer or colorectal cancer.

The researchers found that in 100 of the cases, doctors failed to order appropriate diagnostic tests. In 81 cases, the error was failure to create a proper plan for follow-up. 76 of the cases involved physician failure to obtain an adequate medical history or perform an adequate physical examination. In 67 of the cases, doctors failed to correctly interpret test results. The researchers also concluded that that factors contributing to the medical malpractice included failure of judgment (79%), lack of vigilance or failure of memory (59%), and lack of knowledge (48%). The study’s lead author, Dr. Tejar Gandhi, director of patient safety at Boston’s Brigham and Women’s Hospital, suggests that these errors could be reduced by more use of electronic medical records and the use of nurse practitioners to make sure that follow-ups actually take place.

An article in the Associated Press quotes Dr. Steven Sorscher, an oncologist at Washington University Medical School in St. Louis. As Dr. Sorscher stated concerning the study, “It seemed like the bottom line was that the problems were problems that would occur less if the person was just very compulsive or very diligent. It highlights the fact that the causes of serious errors are often preventable.”

Sources: Annals of Internal Medicine; Associated Press

Each year, approximately 50,000 women die from breast cancer, the leading cause of death among women. As with many cancers, the early diagnosis of this disease significantly improves a woman’s chance for survival. In fact, early diagnosis can lead to cure. Because obstetrician-gynecologists are in a favorable position to diagnose this disease, the American College of Obstetricians and Gynecologists has developed guidelines for early diagnosis.

All women should be taught the importance of, and how to properly conduct, self-examination of their breasts. Women should start self-examination of their breasts while in their 20’s and should continue to do so for the rest of their lives. Further, a complete gynecologic examination should include visual inspection and palpation of a the breasts. Because the risk of developing breast cancer increases with age, regular screening by mammography, a low-dose x-ray examination of the breasts, is recommended. Although some controversy exists concerning the age that mammography should start, ACOG recommends annual mammography beginning at age 50, unless certain risk factors exist, such as a family history of breast cancer. On the other hand, the American Cancer Society and the National Cancer Institute (as well as other medical organizations) recommends regular (either annual or bi-annual) mammography screening for women at age 40. Because screening mammography alone cannot rule out a malignancy, ACOG notes that a persistent, palpable breast mass requires additional evaluation, which should include diagnostic mammography, ultrasonography, aspiration, or biopsy.

Unfortunately, many women are the victims of medical malpractice because their physicians fail to diagnose breast cancer in a timely manner. In representing such medical malpractice victims, the lawyers at the Pittsburgh law firm of Rosen Louik & Perry have successfully proven that physicians were negligent when they ignored complaints of a breast lump, complaints of nipple change, and changes in the texture and/or color of a breast. Further, even when proper testing is ordered, radiologists all too often fail to properly interpret the films.

Sources: American College of Obstetricians and Gynecologists, American Cancer Society, National Institute

Rosen Louik & Perry is a Pittsburgh law firm that represents victims of medical malpractice, including men who have been injured by the failure to diagnosis prostate cancer. Because prostrate cancer is one of the several cancers where early detection can result in a cure, screening for prostate cancer is recommended.

Doctors can perform various screening tests in an attempt to diagnose prostate cancer at its earliest stages. The two initial tests are the digital rectal examination (DRE) and the prostate specific antigen (PSA). During a DRE, a physician will palpate the back portion of the prostate attempting to find any irregular areas. DRE is recommended for all men over the age of 40. PSA is produced by cells in the prostate gland. Although all men have PSA circulating in their bloodstream, increased levels will be found when prostrate cancer is present. To perform this test, a small amount of blood is taken from the patient and tested for PSA levels, which are reported as manograms per milliliter. A PSA reading of 0 to 2.5 is considered low; a reading of 2.6 to 10 is considered slightly to moderately elevated; a reading of 10 to 19.9 is considered moderately elevated; a reading of 20 or more is considered significantly elevated. Cancer is more likely to be present as PSA levels increase. It is important to note, however, that elevated PSA levels can be caused by non-cancerous conditions, such as prostatitis and benign prostatic hyperplasia. As a result, when elevated levels of PSA are found, further tests are required.

Prostate biopsy is the gold standard for such further testing. Using a transrectal ultrasound, a needle is placed into the prostate to obtain samples of tissue. Typically, six or more samples are taken from different parts of the prostate gland and are then sent to a pathologist for interpretation. The biopsy procedure is relatively painless, short in duration, and can be done on an outpatient basis.

Unfortunately, many errors can occur during attempts to determine whether or not a patient has prostate cancer. First, despite recommendations by many organizations that men undergo DRE and PSA testing, physicians fail to discuss and perform these tests. Second, all too frequently, elevated PSA levels are reported to the physicians’ offices by laboratories but these findings are simply overlooked by the physicians and/or their staffs; as a result, these patients fail to receive further testing. Third, even when biopsies are taken, laboratory error or misinterpretation by the pathologist can result in a patient receiving an incorrect diagnosis.
The bottom line—if you are over 40 years of age, you should ask your doctor to perform an annual DRE. If you are over 50 years of age, you should request that PSA testing be performed in conjunction with the DRE. If your PSA is elevated, ask your physician to refer you to an urologist for a determination of the cause of the elevated PSA levels. Finally, if you have a prostate biopsy, you should always request that your pathology slides be interpreted by two pathologists to confirm the diagnosis.

In diagnosing disease, physicians increasingly rely upon pathologists, medical doctors who specialize in the study of changes in cells, tissue and organs. A specimen taken from a patient, generally by biopsy, will be submitted to a laboratory for microscopic examination by a pathologist, who is asked to offer an opinion whether a disease, often cancer, may or may not be present. Treatment decisions are often made exclusively on the opinion of a pathologist. Pathology errors can constitute medical malpractice that lead to devastating patient injuries.

Pathology errors generally fall within three broad categories. One type is a processing error. Pathology labs are the specimens of numerous patients and those specimens will be handled by different employees. It is well known that processing errors frequently occur, ranging from the intermingling of specimens from different patients to placing the wrong patient’s name on a pathology report that is sent to the treating physician. The other two broad categories involve errors by the pathologist in examining and analyzing a patient’s specimen. A pathologist can offer an opinion that disease is not present when in fact it is (under-reporting) or that disease is present when in fact it is not (over-reporting).

The Pittsburgh medical malpractice law firm of Rosen Louik & Perry has represented many clients who were victims of pathology error. Such error can lead to the failure to timely diagnose various forms of cancer, sometimes leading to wrongful death. Other such errors can lead to the unnecessary removal of healthy organs. The firm recently obtained a verdict of $5.5 million against Dianon Systems and in favor of a husband and wife where the husband’s healthy prostate was removed because of a laboratory processing error. The firm is presently representing a Colorado couple under virtually identical circumstances against Dianon Systems.

A study published in the December 1, 1999 issue of the journal Cancer studied over 6,000 patients and found that one or two of every 100 patients seeking treatment following biopsy have an incorrect diagnosis. Dr. Jonathon Epstein, the Johns Hopkins pathologist who headed the researchers involved in the study, suggested a second pathology opinion be obtained when cancer is reported before surgery or other major therapy.

Source: Cancer

Colon cancer is the second leading cause of cancer-related deaths in the United States. Annually, approximately 130,000 individuals are diagnosed with colon cancer and 56,000 people die because of this cancer. Unfortunately, all too often many of those deaths, which could have been prevented by early diagnosis, result from medical malpractice.
Colon cancer is generally slow growing and one can suffer from colon cancer for some time before symptoms of the disease appear. Those symptoms can include rectal bleeding, abdominal pain, fatigue (caused by anemia association with blood loss) and change in stool size and caliber. Left untreated, as the cancer grows, it will eventually penetrate the intestinal wall and spread to the lymph nodes and other organs, most often the liver. Once the cancer has spread (metastasized) in this fashion, it is essentially incurable. On the other hand, if the cancer is discovered while still within the intestinal wall, surgical removal of the tumor in conjunction with other therapies provide cure rates approaching 100%.
As a result, because early diagnosis is the key, several health organizations, including the American Cancer Society, recommend routine screening of asymptomatic individuals, generally beginning at age 50, for colon cancer. That screening can take the form of digital rectal exams with occult blood testing, flexible sigmoidoscopy, and colonoscopy. The frequency of the screening often depends on an individual’s risk factors for the disease.
The Pittsburgh medical malpractice law firm of Rosen Louik & Perry has encountered many different forms of medical malpractice in failing to diagnose colon cancer in a timely fashion. A doctor will often attribute rectal bleeding to hemorrhoids despite the fact that current standards of care requires an examination to rule our cancer when rectal bleeding is present. Additionally, a doctor may fail to follow the recommendations for screening of the American Cancer Society. Moreover, there are times when an lesion is biopsied for study and the pathologist misreads the tissue. In any event, any significant delay in diagnosing colon cancer will be harmful to a patient and decrease the chance of a cure.