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Plaintiff presented with groin pain to the emergecy room which was treated for epididymitis. He was told to follow up with his personal physician and he failed to do so. Subsequently, 1 12 years later, he complainted of back and abdominal pain to his personal physician and subsequently went to an urgent care on two occasions with similar complaints. It is noteworthy that the complaints did not include testicular pain or pain in the groin. He was subsequently diagnosed two years after his initial emergency room visits with testicular cancer and was advised it was end stage for which he succumbed. The defense claimed that he did not have signs of testicular cancer and a diagnosis could not be made until it was too late to effect the outcome. Defendant’s position was supported by the fact that even at the time his diagnosis was ultimately made, urologist examining him failed to diagnose that he had testicular cancer until more sophisticated testing ultimately diagnosed his condition. Further, defendants contended that had plaintiff had testicular cancer in the initial visit, he probably would not have survived to the time of his visits to the urgent care 1 12 years later.
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