Sommers Schwartz attorney Matthew Curtis filed a medical malpractice lawsuit for damages caused by a negligent delay in diagnosing a patient’s prostate cancer.
John Hillegonds watched his father and brother battle prostate cancer. Because of his significant family history, Mr. Hillegonds diligently underwent regular PSA testing ordered by his primary care physician. This test can detect abnormal levels of prostate-specific antigen, a marker that can indicate prostate cancer. In 2018, Mr. Hilllegonds’s doctor retired, and he was assigned to Daniel Jeung, M.D.
At his annual exam in 2019, Mr. Hillegonds explained his family history of prostate cancer and history of yearly PSA testing. Dr. Jeung told him the test was unnecessary and not recommended by Medicare because Mr. Hillegonds was 75 years old. Dr. Jeung refused to order the test. Mr. Hillegonds repeated his request during four additional exams in 2020, 2021, and 2022. Each time, Dr. Jeung refused to order a PSA test.
In April 2023, Mr. Hillegonds saw Dr. Jeung’s physician assistant (PA), complaining of frequent urination and a suspected urinary infection. Mr. Hillegonds asked the PA to order a PSA test, and the PA agreed. The test revealed extremely high and concerning PSA levels. After a biopsy and additional testing, Mr. Hillegonds was diagnosed with stage 4 prostate cancer, including metastasis to the lymph nodes and bone. He was advised there was no cure.
The plaintiff’s complaint alleges Dr. Jeung’s actions and omissions constitute negligence and medical malpractice. Had Dr. Jeung performed regular PSA testing, Mr. Hillegonds’ prostate cancer would likely have been discovered at an early stage. It would not have progressed, advanced, and metastasized and would have been more easily treated. Instead, Mr. Hillegonds will undergo painful and debilitating treatment for the rest of his life, including radiation treatment and taking multiple medications with significant adverse effects.
Before his diagnosis, Hillegonds was an active senior looking forward to enjoying his retirement. Because of the delayed diagnosis, he experiences pain, suffering, emotional distress, and anxiety. He has a diminished prognosis and a reduced life expectancy.
Mr. Hillegonds requests compensation for his pain, suffering, humiliation, embarrassment, mental and emotional anguish and anxiety, loss of wages, and diminution of earning capacity, including loss of retirement funds. His wife brings claims for economic damages and her husband’s comfort, companionship, society, and services.
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