medical malpractice case involved allegations of delayed diagnosis of prostate cancer<\/a>.<\/p>\n\u201cThe plaintiff was a successful real estate developer and former state government official. He alleged that the defendant practice group\u2019s physician was negligent in failing to diagnose his prostate cancer by ordering PSA testing or otherwise counseling him about monitoring his prostate health over a four-year period after he turned 50.<\/p>\n
The plaintiff alleged that the delayed diagnosis allowed his cancer to progress to incurable metastatic disease.<\/p>\n
\u00a0Although he was in remission at the time of trial, the plaintiff\u2019s experts opined that the delayed diagnosis made his treatment more involved and expensive. He also faced a high probability of recurrence and a significantly shortened life expectancy. The plaintiff is married with young children. Both the patient and his spouse gave compelling testimony about his fear of recurrence and the emotional impact of the alleged delay in diagnosis. His claim of substantial lost wages was withdrawn before trial in response to defense motions.<\/p>\n
The plaintiff was a pilot, and presented to the defendant practice group every two years from 2002 through 2009 for Aviation Medical Exams, required by the FAA to maintain his pilot\u2019s license. The physician, also a pilot, was certified to perform these exams. Prostate health screening is not within the usual scope of the FAA exams, but the plaintiff claimed that the doctor had agreed to be his \u201cregular physician\u201d and take care of all of his health needs at the same time. The patient claimed that the doctor performed digital rectal exams at each visit, which the physician denied and which was not recorded in the medical record On two occasions after he turned 50, in 2006 and 2009, the patient presented to the defendant for office visits relating to sleeping problems and allergies. He also had his blood drawn and his cholesterol checked at the time of his 2008 FAA exam. There was no discussion of prostate health screening at these visits and plaintiff\u2019s experts argued that it was required by the standard of care because of the patient\u2019s age. Defense experts countered that these were limited scope visits with no standard of care duty to provide prostate health screening advice or testing.<\/p>\n
\u00a0At trial, the defendant demonstrated that it was not acting as the patient\u2019s primary care provider, and had no duty to perform PSA testing at the times alleged. It was revealed that the patient had identified other doctors as his \u201cprimary care physician\u201d to his health insurance company, and to several other healthcare providers. The defense called five third-party record custodians who introduced this evidence at trial, effectively impeaching the plaintiff\u2019s testimony that he considered the defendant physician to be his primary care physician throughout the critical time period. Plaintiff\u2019s counsel claimed special damages of nearly $250,000 in medical bills. He also claimed lost wages. At trial, no medical bills were entered into evidence and the plaintiff did not claim lost wages. Plaintiff\u2019s attorneys asked jury for $2,000,000<\/p>\n
During the Henrico County Circuit Court trial, the defense also presented causation evidence about the specific type of cancer experienced by the plaintiff, noting that it was an aggressive form of cancer that unfortunately carried a poor prognosis, even with earlier diagnosis. After a four-day jury trial, the Henrico County jury deliberated for less than 25 minutes before rendering a verdict in favor of the defendant.<\/p>\n","protected":false},"excerpt":{"rendered":"
As airport injury lawyer Doug Landau’s own personal doctor is a highly regarded FAA examiner who also clears his pilot clients to return to work, this case — as reported in the Virginia Lawyers Weekly (\u201cVLW\u201d) — caught Landau’s eye. According tot he VLW report, this medical malpractice case involved allegations of delayed diagnosis of…<\/p>\n
Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5],"tags":[1257,1253,1254,1256,1255],"class_list":["post-1637","post","type-post","status-publish","format-standard","hentry","category-airline-employee-social-security-disability","tag-diagnosis-of-pilot-injury","tag-faa-doctor","tag-pilot-diagnosis","tag-pilot-injury-case","tag-pilots-disability-from-work"],"acf":[],"yoast_head":"\nDefense Verdict for FAA Doctor: Found NOT Liable for Failure to Diagnose Prostate Cancer in Pilot - Airport Injury Law<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/landauinjurylaw.com\/airportinjurylawyer\/2016\/04\/04\/defense-verdict-for-faa-doctor-found-not-liable-for-failure-to-diagnose-prostate-cancer-in-pilot\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Defense Verdict for FAA Doctor: Found NOT Liable for Failure to Diagnose Prostate Cancer in Pilot - Airport Injury Law\" \/>\n<meta property=\"og:description\" content=\"As airport injury lawyer Doug Landau’s own personal doctor is a highly regarded FAA examiner who also clears his pilot clients to return to work, this case — as reported in the Virginia Lawyers Weekly (\u201cVLW\u201d) — caught Landau’s eye. 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