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Do I have a medical malpractice suit?

Oshkosh, WI |

Noticed a bump on my eyelid in Dec. 2011. Saw my optometrist's associate that month. She said it was a blocked oil pore, nothing to worry about. Saw my dermatologist for my semi-annual head-to-toe check-up in August 2012 (my mother passed away from melanoma) and he didn't make anything of it (I didn't ask as I thought it was only blocked pore). Saw my regular optometrist for annual eye check in Nov. 2012 and asked him about it. He tried to squeeze it! He told me if it bothered it me cosmetically to see plastic surgeon. I almost didn't go because I'd have to pay out-of-pocket but made appt. Plastic surgeon took biopsy and it was positive for basil-cell carcinoma. Now I'm advised to have surgery asap and I'm a worried. This should have been taken care of more than a year ago.

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Attorney answers 3


You may have a case for failing to diagnose the BCC. The real question is whether you suffered any addtional harm from the delay in diagnosis and treatment. Consult with a medical malpractice attorney to review your medical records, but be aware if there is no harm from the delay, you likely won't have a case. Best of luck.

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I would suggest consulting an attorney but don't think you have a claim worth pursuing unless between last year when it could've been diagnosed and now you sustained additional injury. Another way to phrase the question is "are you worse off now because of the delay in diagnoses?" Iif the answer is yes you may have a claim.

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Most likely, but the costs of the lawsuit would likely far exceed the recovery. I had a MOHS procedure done on my eyelid and several on my face due to too many trips to Hawaii each year, and I'm fine. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases (Cerebral Palsy), failure to diagnose cancer cases, and wrong site surgery cases.

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