Do i have a case
i recently had surgery in january on my left chest to remove a bumb and ever since then i get extreme pain where the bumb was removed from
Attorney answers (2)
Elizabeth Taylor Herd
Reputation Level 14
Answered over 2 years ago.
Medical Malpractice Attorney in Tampa, FL.
I am not licensed in AZ and can offer you only general advice. You have not told me anything that would lead me to believe that you could be successful in establishing that the doctor who removed this bump fell below the standard of care. Further, I do not know what the bump was. Whenever tissue is removed a pathology report is created to indicate what the tissue was. You should know that information if you do not.
To prove a medical negligence claim you must obtain expert testimony that indicates that the health care provider fell below the standard of care and that this failure caused your damages. If you are suffering a risk of the procedure that does not mean that the provider was negligent.
Betsey Herd
Tampa, Florida
Stephen I Leshner
Reputation Level 7
Answered over 2 years ago.
Medical Malpractice Attorney in Phoenix, AZ.
While what happened to you is unfortunate, it is unlikely that this matter will be resolved through a successful medical malpractice claim. Medical malpractice cases are expensive. In Arizona, you will need to retain medical experts who are actively practicing medicine to testify whether your surgeon fell below the standard of care, and that the substandard care caused your damages. In most cases, expert fees and other court costs can run as much as $50,000.00 to $100,000.00. Unless the damages are serious and permanent, it is unlikely that the patient or his or her attorney would be willing to advance those expenses in a case where the damages are modest. In your case, you haven't provided enough information to properly evaluate your claim, but if your claim is that a bump was removed, and it still hurts, your haven't provided any information that the surgery was below the standard of care, and that the outcome wasn't a known risk of the surgery. Further, the damages aren't sufficient to justify pursuing a medical malpractice claim. If you are dissatisfied with the outcome of your surgery, you should get a second medical opinion, and you may consider filing a complaint with the Arizona Medical Board.
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