QUESTION
Can I sue the doctor for an unnecessary Prostate Biopsy?
Asked on Jul 08th, 2014 on Personal Injury - Missouri
More details to this question:
There is more to this but going to be short. I’ve had pain in both testicles since 2011. I had an ultra sound that they said looked normal etc. Though reading the actual report I do have cysts on them but that wasn’t disclosed to me (in 2001 through Kaiser was told I had varicose vein on left testicle). Apparently new DRs couldn’t find with ultra sound as previously seen through Kaiser. Anyways, my urologist talked me into a Prostate biopsy. He talked as if it was something simple and painless which it mostly was at first. Blood in semen was a normal side effect etc. Had blood in semen for a couple months. Anyways in the last couple years since the biopsy. The sensation in my orgasms is sometimes barely there and when it does feel good it’s not close to what it used to be. The head of my penis has lost a lot of sensitivity. Peeing is very urgent and I dribble really bad now. I wake up almost nightly having to pee. Can’t hold it in anymore as well. My orgasms don’t have the same amount of volume anymore. It wasn’t until a year and a half after this procedure that I wondered wtf is wrong with me and decided to look up Prostate Biopsy side effects. Sure enough permanent sexual side effects, peeing problems, smaller ejaculations etc. If he would have told me this I would have never taken that chance. Judging from things I’ve read online Prostate Biopsies are for cancer diagnosis. He risked all this to see if had an infection in the prostate. I had already taken antibiotics before this for a few weeks. Cipro I believe with no improvements. I agreed to it was because it seemed like no big deal but I trusted him. Now I’m stuck with all the same symptoms and then some. Not sure how long you have to sue anyone as it’s been over 2 years since March 2012.
12 ANSWERS
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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I am sorry, but I am afraid that you have waited too long - there is a two year statute of limitations in Colorado for medical malpractice claims, you must file your lawsuit within two years of the negligence or lose your right to do so. I regret that I am unable to help.
Answered on Jul 10th, 2014 at 10:25 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Florida has a 2 year statute of limitations in med-mal suits dating from when the person knew or should have known of the potential med mal claim.
Answered on Jul 10th, 2014 at 9:32 AM
Ronald A. Steinberg
Having had a prostate biopsy myself, I can confirm the blood issues, although only for about a week. There is a bit of controversy as to whether or not they are necessary unless there are other symptoms. I fail to see how testicular pain warrants a prostate biopsy. I suggest that you contact a competent malpractice lawyer and have them get the records and have the records reviewed by a urologist.
Answered on Jul 09th, 2014 at 4:06 PM
Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report. Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on Jul 09th, 2014 at 4:06 PM
EDWARD MILLER
Michigan statute of limitations in medical malpractice cases is 2 years. And you would need an expert in the same medical specialty to testify that your doctor's advice was contrary to the standard of practice in that specialty. I doubt you can succeed.
Answered on Jul 09th, 2014 at 2:36 PM
James Eugene Hasser
You had 2 years to sue. However, you possibly could fall within an exception. Consider consulting an experienced malpractice lawyer. Good luck.
Answered on Jul 09th, 2014 at 2:00 PM
Personal Injury Attorney serving Irvine, CA
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Keep in mind that I am not a medical doctor, but here is what I know on the subject (take it for what it is worth): frequently when men have the urgency and urination-difficulty problems you describe, their urologist prescribes them a drug like Flomax, which is supposed to increase urine flow. One of the unfortunate side effects of this drug which may occur is a condition called "retrograde ejaculation." This is a condition in which semen during an orgasm enters the bladder instead of going out through the penis. The result is a kind of "ejaculation dud," which does not feel very good. And you will find that very little, if any, semen comes out of the penis. Many internists have never even heard of this condition, but a good urologist will tell you that retrograde ejaculation is a known side effect of drugs like Flomax. So what do you do? Try this. Load up on water. Every time you have one of the urgency and urination-difficulty episodes you experience, drink three bottles of water. See if that improves things. Consult a qualified urologist and ask him if the condition you are experiencing could be retrograde ejaculation. If you get off the Flomax, the orgasms might return to normal. A prostate biopsy is a good thing, and I do not think your doctor was negligent in prescribing it. I also do not think the biopsy caused your symptoms. Other medmal lawyers may think differently, but I do not think you have much of a case. But try the things I mentioned above and see if that helps. Also, there is a two year statute of limitations in Missouri for medical malpractice, although there are certain exceptions (like the continuing care exception). Good luck.
Answered on Jul 09th, 2014 at 1:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is no guarantee with drs. They are required to provide the standard of care. If they do they are clean. What you need to do is get another dr of the same training and give him all, that is, all, of your medical records and ask him. Don't forget you are getting older and that may be part of the problem.
Answered on Jul 09th, 2014 at 1:55 PM
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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There are justifications for prostate exams other than as a cancer screen. Although infection detection does not seem to be prominent in the list of other uses, it would be my anticipation that exam was justified as part and parcel of the search for the source of your difficulties. The manner in which the exam was performed and your outcome may be another story. I would advise following up with an experienced medical malpractice attorney as soon as possible since the statute of limitations is three (3) years from the date of the exam.
Answered on Jul 09th, 2014 at 1:34 PM
You need to go immediately to a medical malpractice attorney in your State. In California, you must file suit within one year of knowledge of the malpractice or when a reasonable person would have had knowledge, and within three years of the actual injury. You do not give us the date of the surgery but from what you state it certainly was more than 1.5 years ago. The physician must inform the patient of possible negative effects of the surgery so that there is "informed consent" by the patient. You need to see an attorney to determine if you have a case and whether it is worth pursuing [such cases can cost ?in excess of $100,000].
Answered on Jul 09th, 2014 at 1:23 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY it's 30 months and you need an expert witness to prove everything, which is quite expensive and usually time consuming. Also, I'd expect that the doc will claim that you were informed whether you were or not. There are other issues as well. At least talk to an experienced med-mal lawyer in your area, consultations are free and you may find someone willing to take this on.
Answered on Jul 09th, 2014 at 1:13 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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You have 2 years to file a malpractice claim, and unfortunately, it sounds like the time has past. However, a claim for unnecessary testing would be difficult to pursue. Unless something bad happened during the procedure, i.e. an injury outside of the surgical field or unexpected nerve damage, I don't know many malpractice attorneys who would entertain the claim.
Answered on Jul 09th, 2014 at 12:59 PM