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Defense Verdict for Urologist in Case Involving a Claimed Failure to Diagnose Kidney Cancer

February 27, 2015

A former superintendent of an upstate school system was referred to our client urologist because of an increased PSA level. During the work-up, our client urologist detected microhematuria in the urine and performed a work-up on the patient, attributing the bleeding to a problem with the prostate gland. A year later, the patient returned, and the work-up revealed the same problem. Thereafter, the patient was diagnosed by another physician with renal cell cancer, and the claim was that the patient had renal cell cancer during our treatment period, which the defendant failed to diagnose. The jury accepted the defense position that the diagnosis made by the defendant of a prostate problem was accurate, and that the kidney cancer was either undetectable during the time the patient saw our client, or was possibly not even present and developed after the patient last saw our client. MC&B trial partner was Anthony M. Sola, assisted by Douglas G. Ammerman (New York State Supreme Court, Rockland County)

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