Judge Denies Defense Appeal in Medical Malpractice Lawsuit

By Brittany Golledge

Published on September 06, 2005

The plaintiff, Gilbert Hines, filed a medical malpractice lawsuit after he was diagnosed with prostate cancer in November of 2001. Hines had visited his physician, Dr. Laura Kosseim, for a medical examination in 1999, and at that time, had requested to be screened for prostate cancer. According to the opinion, Dr. Kosseim performed a rectal exam as well as a blood test, both of which revealed no abnormalities. She did not request a prostate specific antigen-screening test.

Two years later, Hines returned to Kosseim for an examination. Kosseim did not order a PSA test or perform a rectal exam. Hines later visited another physician complaining of fever and other symptoms, soon after he was diagnosed with prostate cancer. By this time, the cancer had spread to his bones.

Hines filed a "failure to diagnose" lawsuit against Kosseim following the diagnosis, and in January, was awarded over 2.75 million dollars in damages. Attorneys for Kosseim appealed the verdict, arguing that the judge should not have admitted testimony from Hines' medical expert. The judge denied the appeal in a ruling issued August 15th, stating that the medical opinions were expressed within the required standard of medical certainty.

It has since been reported that Hines accepted a settlement for less than the full jury award. Representatives of both parties have declined to comment on the exact amount.

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