Recently had a procedure done to remove a cyst from my head. During the procedure a large portion of the cyst was not removed. A large bump and a scab were the end result. Contacted the Dr.'s office and after looking at the scab decided another procedure was necessary. The results of this procedure has left me with what feels like a divot on my head. I am no longer able to shave my head due to this divot. In addition to the damage to my head I feel I am being charged twice for their mistake. Do I have any recourse?
2 Answers from Attorneys
You may or may not have a case. The determination as to whether or not there is a claim for medical malpractice is really a medical question rather than a legal question. You have to get all your medical records and charts and have them reviewed by an expert to make the determination as to whether or not your doctor has failed to follow the standard of care in the community in which he or she practices. Once you have the expert opinion taking the position that there was a failure on the part of your doctor to follow the proper standard, then we have to see what are the damages you are claiming.
Because prosecuting a medical malpractice is very expensive, it only makes sense to pursue cases where the injuries are of catastrophic and permanent nature. Get your medical records and have them reviewed by an attorney to see where you stand in terms of a viable claim.
I hope this helps-
Unfortunately doctors get away with more than 95% of all malpractice. That is the REAL malpractice crisis.
I do agree that you should try to find an attorney to review the medical records. You have 2 years from the date of the malpractice to file suit, that might sound like a long time but it is not. It often takes a long time to find a suitable expert.
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