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Plaintiff accuses healthcare providers of negligence leading to incurable prostate cancer

PENNSYLVANIA RECORD

Sunday, December 22, 2024

Plaintiff accuses healthcare providers of negligence leading to incurable prostate cancer

State Court
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A Pennsylvania man is suing a group of medical professionals and institutions for alleged negligence that he claims led to his incurable prostate cancer. The complaint was filed by Mark McKown on June 15, 2024, in the Court of Common Pleas of Allegheny County against Dr. John Schulhoff, Molly Murray, PA-C, South Pittsburgh Urology Associates, and Allegheny Health Network.

Mark McKown's lawsuit centers around what he alleges to be a series of negligent actions and omissions by the defendants over several years. According to the complaint, McKown first presented with urinary issues in March 2021 after undergoing hernia surgery. Despite showing elevated PSA levels—a key indicator for prostate cancer—during multiple visits from March 2021 through May 2022, no further diagnostic action was taken by any of the defendants. "Despite listing Mr. McKown’s high PSA value in the medical record and describing the value as abnormal (H), Defendants took no action relative to this high value during Mr. McKown’s March 24, 2021 visit," states the complaint.

The plaintiff asserts that had the defendants conducted appropriate follow-up tests or offered timely medical advice regarding his elevated PSA levels, his prostate cancer could have been diagnosed earlier when it was still treatable. Instead, it progressed unchecked until July 2022 when a CT scan revealed advanced-stage cancer with metastasis to lymph nodes and bones. This delay has left McKown with an incurable condition requiring ongoing painful treatments aimed at extending his life rather than curing him.

McKown's legal team argues that this failure constitutes professional negligence and breaches several standards of care expected from medical practitioners. They claim that both individual healthcare providers and their employing institutions failed in their duty to adequately review prior test results, perform necessary physical examinations like digital rectal exams, order repeat PSA tests, or even discuss elevated PSA results with McKown. "In failing to recognize that urinary retention and lower urinary tract symptoms can be a symptom of prostate pathology," the lawsuit claims, "Defendants caused a delay in diagnosis in Mr. McKown’s prostate cancer that led to its metastatic and incurable nature."

The plaintiff is seeking damages exceeding the arbitration limits of the court for pain and suffering, disfigurement, inconvenience, embarrassment, humiliation as well as future medical expenses related to his ongoing treatment. Additionally, he seeks compensation for loss of income and earning capacity due to his deteriorating health condition.

Representing Mark McKown are attorneys Jon R. Perry and Alex J. Perry from Rosen & Perry P.C., while Judge Case ID GD-24 will oversee proceedings in this matter.

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