Legal theory
Negligence in a medical malpractice case is frequently based on misdiagnosis, failure to diagnose, or, as in this case, a delay in diagnosis. Despite controversy over the PSA as a screening tool, the jury was surely moved by the possibility that the patient might have been able to get lifesaving treatment had his physician just ordered a simple test.
Protecting yourself
Dr. R was within his rights to have opinions about the validity and accuracy of the PSA test. His mistake was not discussing them.
Had Dr. R talked to Mr. U about the pros and cons of the test and allowed Mr. U to decide the issue, chances are he would have avoided the lawsuit. When patients are given the opportunity to make decisions about their own health care—especially when controversy is involved—the clinician's potential liability is diminished.
Ms. Latner, a former criminal defense attorney, is a freelance medical writer in Port Washington, N.Y.