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A year ago a surgeon removed a small cyst on my back, promising it to look better than before but is much worse; Med mal case?

Dallas, TX |

In mid 2012, I hired a surgeon to remove a small benign cyst from my back only if he promised the scar would be less unsightly than the cyst. He said it would look better. He charged $230 to remove it with a very quick procedure and his aid bandaged it up. I followed the instructions, but a week later, it started to leak. At this time it still look worse than before as it's reddish in color and now is a crater or depression; both ugly.

Is this a case for a med mal lawsuit? If so, what steps should I take? Should I see a dermatologist or another surgeon to get their opinion on whether the surgery was negligent (I suspect the stitching job was wrong or dissolved too quickly). Or should I get a lawyer and let him/her decide which specialist to see?

Also, any guess on the amount normally would sue for in Texas for such a case? Three times the cost of service wouldn't be worth messing with.

Attorney Answers 3

Posted

First of all, I am sorry to hear what you have gone through. From a legal perspective, though, I do not believe that the injury and disfigurement that you have described are sufficient to justify the significant expense of a medical malpractice lawsuit. In my opinion, your best bet is to seek treatment from a plastic surgeon.

Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or www.painterfirm.com. This Avvo comment does not create an attorney-client relationship and is for informational purposes only.

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2 comments

Asker

Posted

Since I have a good legal background (paralegal and doing other things pro se), would it hurt to file a simple Petition seeking 50k and see if he'd settle for maybe 15k? The worse thing he'd hire a defense lawyer and challenge me in which case I can drop it or proceed in the hearing pro se.

Asker

Posted

(petition pro se)

Posted

Based on the facts you presented and the damages you describe it doesn't appear to warrant a medical malpractice claim but you should still consult an attorney to review and investigate in case we are missing additional facts which would change our position.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

The cost of a lawsuit would likely far exceed the recovery.

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