Harry.Harry is 55 years old.He pays pretty good attention to his health and goes to the doctor for his yearly physical exams.His doctor draws a blood test for prostate cancer (PSA) every year and usually does a prostate exam.At his last physical, his doctor drew the blood test but did not examine Harry's prostate.The PSA was above the normal range, but Harry's doctor did not tell him.Nine months later, Harry goes to his doctor because of blood in his urine.The doctor examines Harry's prostate and finds it very enlarged and firm.A re-check of his PSA shows that it is now extremely elevatedHarry has prostate cancer and it has spread throughout his body.Harry probably has six months to live.

7.Do you think this was negligence?If so, why?If not, why not?Keep in mind that Harry didn't have any symptoms until it was too late.

The physician of Harry did not examine the prostate at the time of blood test. At that time the PSA of Harry is higher than the normal value. But he did not tell this to Harry. For that reason, it can be treated as a negligence of the physician.

8.Did Harry have any responsibility here?

In this particular case, Harry did not have any responsibility.

9.In Virginia and North Carolina, state law employs the concept of "contributory negligence."If the patient was responsible for only 1% of the outcome, he/she will lose in court because of "contrib."Is this a reasonable approach?

It is not at all a reasonable approach because using the 1% contribution patient will not continue his or her treatment.

Epilogue:The insurance company dragged their feet on the case with slow responses and many unnecessary but time-consuming motions.Harry died before the case came to court.They settled for a fraction of the case value.This will sound very coarse, but a patient is more valuable if alive.If the defendant waits long enough, a dead patient is "worth" much less in the eyes of the law.NC and VA are the only two states in the US with such severe contributory negligence laws.