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Do I have a Medical Malpractice Case?

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.

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Attorney answers 6


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.


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...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice


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.


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 create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see


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.)


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!

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