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Medical Malpractice

Palm Beach Circuit Court

 

A jury cleared a doctor of allegations that he was negligent for not promptly testing a patient for cancer.

In January 2011, Eytan Nakdimon, 62, went to a urologist, Dr. David Schwartzwald, after a test showed an elevated prostate-specific antigen, or PSA, which can be a sign of prostate cancer. Schwartzwald examined Nakdimon twice but did not take a biopsy until the third visit about a year later. The biopsy revealed incurable prostate cancer. Nakdimon killed himself. His wife alleged Schwartzwald was negligent.

Schwartzwald claimed he recommended biopsies at Nakdimon’s first two visits, but the patient declined. Moreover, the defense argued Nakdimon already had incurable cancer at his first appointment. The jury rendered a defense verdict.

Case: Estate of Nakdimon v. Schwartzwald

Case No.: 50-2014-CA-009095-XXXX-MB

Plaintiffs Attorney: Samuel M. Yaffa, Samuel M. Yaffa P.A., Delray Beach

Defense Attorneys: Reed W. Kellner and John B. Moores, Adams, Coogler, West Palm Beach