Do I have a Medical Malpractice Case?

Asked over 2 years ago - Columbus, OH

I went to the doctor about a month ago and was told i had the flu. But I really had Cellulitis in my right breast, because of this mishap %20 of my breast tissue was removed.
I had just had a baby about 2 weeks prior to the doctors visit and i told him about my brest. He did not check it he just told me it was post postpartum and it was normal. But when i went to urgent care about a week later due to things getting worse i was informed i had Cellulitis and was given an antibiotic. After one more visit to the doctors office urgent care, and the hospital throughout 2 weeks. Nothing healed or got better. When i returned to the hospital i was then informed that the tissue in my right breast was dead due to the Cellulitis and %20 of the tissue had to be amputated out.

Attorney answers (6)

  1. Todd Nathan Hendrickson

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . I successfully prosecuted a similar case involving infectious mastitis in a nursing mother. I would suggest you contact an experienced malpractice attorney and have your records reviewed.

    This answer is provided as a public service for informational purposes only. Providing this information does not... more
  2. Marc Edward Stewart

    Contributor Level 16

    4

    Lawyers agree

    Answered . On just these raw facts, you may indeed have a case. Maybe. The devil will be in the details. It depends on the symptoms and findings when you first complained; if the standard of care would have demanded more follow up, you could have a case.

    There is another issue. Damages. You may find this amazingly frustrating, but if your damage model is losing 20% of your breast and your medical expenses are not too extensive ( under $50k), the cost of pursuing litigation might actually exceed a reasonable settlement value of your claim. The problem is that this cases, unlike your average car wreck case, take tens of thousands of dollars to pay for experts, depos, filing fees, travel, etc.

    Talk to a local medical negligence attorney for the best advice, particularly regarding the statute of limitations.

  3. Jeff Tomberg

    Contributor Level 14

    4

    Lawyers agree

    Answered . consult a lawyer. without a thorough review of your medical records its not possible to tell whether you will have a case or not.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...... more
  4. Robert Don Fink

    Contributor Level 16

    4

    Lawyers agree

    Answered . You should contact a local medical malpractice lawyer. A review of your medical records must be done to determine if you have a case. These are difficult and expensive cases, but it sounds as if your case merits an investigation.

  5. Gerald Scott Leeseberg

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Cellulitis is very susceptible to treatment with antibiotics with timely diagnosis and treatment. We would be happy to speak with you concerning this potential claim. Please call my office and ask to speak with one of my staff nurses. I hope that we can be of assistance to you. (You are very fortunate that this condition did not develop into necrotizing fasciitis.)

  6. Andrew Michael Korduba

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You have the right to pursue a claim but will need an "expert witness" doctor to provide you with a Report/Affidavit opining that the failure to timely diagnose/treat this condition violated the ordinary standard of care within this area of practice and that violation caused you injury. The value of your claim depends on how bad the condition/injury is and how much it costs to treat and/or repair, as well as whether or not it is a permanent or disabling condition. You should contact a medical malpractice lawyer immediately and go get a copy of all your medical records so they can be reviewed immediately. The Statute of Limitations is 1 year: you have one year to resolve this issue or file a lawsuit to preserve your legal rights. Failure to do so forever bars any claim you may have. Good luck!

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

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