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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.

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Attorney answers 3


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 This Avvo comment does not create an attorney-client relationship and is for informational purposes only.



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.



(petition pro se)


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


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

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