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Treatment and Screening Guidelines for Prostate Cancer

Upstate New York Attorneys Skilled in Medical Malpractice Lawsuits

Screening with a prostate-specific antigen (PSA) test can reduce the number of deaths from prostate cancer. Unlike other cancers, prostate cancer is often slow to grow, such that it is not uncommon for a man to show no symptoms initially. Additionally, treatment for prostate cancer has significant negative side effects, and it may not be appropriate to treat someone aggressively with slow-growing prostate cancer. If you believe that you were harmed because of a doctor's failure to abide by treatment and screening guidelines for prostate cancer, you should discuss your situation with the experienced Upstate New York cancer malpractice lawyers at DeFrancisco & Falgiatano.

Treatment and Screening Guidelines for Prostate Cancer

Different organizations have put out screening and treatment guidelines for prostate cancer. Often, it is appropriate for doctors to track slow-growing prostate cancer with active surveillance, rather than treatment. The prostate cancer diagnosis may be used for decision-making, rather than a sign that aggressive treatment is needed in a particular case. Screening guidelines for this type of cancer vary significantly, depending on your age. For instance, men aged 45 to 49 must have a baseline PSA test, which will indicate how frequently they should have further PSA tests. However, men aged 71 to 75 are supposed to discuss with their doctors whether a PSA test should be conducted, and screening is not usually recommended for men who are at least 76 years old.

Prostate Cancer Malpractice

Mistakes related to your diagnosis or the treatment of your prostate cancer must be carefully evaluated in order to determine whether you have a claim against your physician. Certain elements must be present in order for you to obtain damages for prostate cancer malpractice. These include: (1) the defendant owed you a professional duty of care, (2) the defendant breached the professional duty of care, (3) the breach caused injuries, and (4) you sustained actual damages. If your attorney cannot prove one or more of these elements, you will not be able to recover damages. For example, if a doctor breached the professional duty of care in screening you for prostate cancer, but you were not harmed as a consequence, you will not be able to recover damages for medical malpractice.

Accordingly, we will need to retain an expert to evaluate your case and determine whether it is meritorious. We will also need to retain one or more experts to provide testimony about what the professional duty of care was in your particular situation, how it was breached, and the damages that you suffered. In New York, the professional duty of care depends on both the specialty of the defendant and the geographic region in which he or she is practicing. It can also vary depending on aspects of the patient relevant to screening and diagnosis, such as the presence of risk factors or a man's age.


In most cases, if liability in a medical malpractice lawsuit is established, the plaintiff can recover his or her losses, both economic and non-economic. Economic losses may include medical bills, lost wages, and out-of-pocket costs. Non-economic losses may include loss of enjoyment of life, loss of consortium, and lost earning capacity. Damages will depend on the severity of your losses and their nature. When a loved one dies due to malpractice, it may be appropriate to bring a wrongful death action against the health care provider whose mistake caused the death.

Retain an Upstate New York Lawyer for Your Cancer Malpractice Case

Prostate cancer that is left undiagnosed or unmonitored can cause serious harm. However, improperly aggressive treatment may also cause harm. These are difficult situations for doctors to navigate unless they are knowledgeable about accepted medical practices in this area. If you suspect that you were injured as a result of your doctor’s failure to follow treatment and screening guidelines for prostate cancer in Upstate New York, you should call the experienced trial attorneys at DeFrancisco & Falgiatano. We represent injured patients and their families in Syracuse, Rochester, Ithaca, Utica, Oswego, Auburn, Oneida, Wampsville, Lyons, Cooperstown, Canandaigua, Binghamton, Watertown, Elmira, Lowville, and Herkimer. Call DeFrancisco & Falgiatano at 833-200-2000 or complete our online form.

Client Reviews
"Mr. Falgiatano was very professional and did an incredible job when he worked with my family on our case. He met with us numerous times and was available when we called with questions. He explained the whole legal process to us and made sure we made the correct decision for my family! I could not thank Mr. Falgiatano enough and he is the only lawyer for my family!" Jeff M.
"Jeff DeFrancisco, Esq. has represented me before on 2 separate legal matters over the years. He did an excellent job on both cases. I highly recommend him and his firm!" Victor S.
"Could not speak highly enough of Attorney DeFrancisco. He was extremely easy to work with and his team was always responsive. Would definitely recommend." Brendan C.