Is my doctor, or any doctor I've seen, liable for medical negligence?

Asked over 1 year ago - Buffalo, NY

Last March I went to dr for pimple-like sore & rash on face. Dr said was contact dermatitis. Over the next few mos., kept getting worse. Was seen by my dr's urgent care ctr & told it was "eczema", then "contact dermatitis". My primary insisted I was doing it to myself. I ended up quitting my job when I could no longer make up stories why I had bandaids on my face; left my bf bcs he thought I was crazy trying to diagnose myself and moved 500 miles away..... I seen a new dr (dermatologist), was cultured and had a staph infection and dx'd with cystic acne bcs my face was (still is) FULL of sebaceous cysts. I have suffered so much and have so many medical bills. I still cannot show my face in public (it's getting better) but it started w/ ONE pimple.

Attorney answers (6)

  1. Ryan M. Finn

    Pro

    Contributor Level 13

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    Answered . First, I will say I am very sorry for what you have gone through. Whether this is malpractice, or not, it is a tough situation and my heart goes out to you.

    In order to review the potential malpractice case I would need to review your medical records and understand the history a bit more.

    Kind Regards,

    Ryan Finn
    rfinn@hackermurphy.com
    Proudly serving clients throughout New York State

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  2. Brian Curtis Pascale

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    Contributor Level 18

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    Answered . Why traumatic, it appears that the issue finally under control and resolving. If you have a medical malpractice case, that is only half the issue. Because the problem is resolving, and hopefully without scarring, your damages would be limited. Without a significant, long lasting injury most lawyers would be unlikely to take such a case. Do you have any scarring that you can tell?

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  3. James Mitchell Hoffmann

    Contributor Level 12

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    Answered . In order to meet the requirements for a case, you need to consult a medical malpractice attorney. That attorney would have to obtain the records and have an expert determine if there was a devation from accepted standards of care that was the direct and proximate cause of your damages. This opinion comes from a doctor, not from lawyers.

  4. Joseph Gerard Dell

    Pro

    Contributor Level 10

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    Lawyers agree

    Answered . You would need to establish through a dermatologist that it was malpractice-a deviation from good and accepted medical practice not to have had the culture done originally when you were first being seen and diagnosed. Then you would have to establish that a correct earlier diagnosis would have prevented the condition from worsening to the point and extent it is at today. In the end of the analysis the misdiagnosis, if any, and the current condition which as you say is getting better is not the type of case that should be litigated. The time and expense for a lawsuit would outweigh bring a case in this situation. I truly hope that the current treatment continues to heal the condition and I hope this answers all of your questions.

  5. Rafael Omar Gomez

    Contributor Level 10

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    Lawyers agree

    1

    Answered . I am sorry for all the troubles you have endured. In order to determine if you have a case you need to consult with an attorney as soon as possible. Our office provides free consultations on these types of cases and the process is explained on how it is determined if you have a case. Your medical records will need to be evaluated by a physician who will identify whether there was a deviation from the acceptable standard of care. If you are interested in pursuing this matter I recommend you seek counsel.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Have a local malpractice lawyer order your records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

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