Is it medical malpractice if my doctor did not do a biopsy to confirm my diagnosis?
4 attorney answers
A medical expert will be needed to determine whether or not your Dr. deviated from the accepted standard of care and if he did, what damages were caused by this deviation. You may find it helpful to review the Legal Guide I have published on Avvo.com concerning medical malpractice and what it is. If, after reviewing that Guide, you believe you are the victim of malpractice, you should contact a personal injury attorney in your area as soon as possible.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The answer to your question can really only be answered by a medical professional. You may want to request your medical records and provide them to a medical malpractice attorney in your area for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence. For example, in your case, your attorney may need to find a doctor who performs the same kind of procedure as the one performed on you. The doctor will need to be able to review your records and the most current medical literature in order to be able to opine on whether any negligence occurred.
However, there are generally two other elements to having a medical malpractice case: Causation and Damages. We must show that the negligence caused an injury and that there was in fact an injury. For example, in my practice in Texas, we are rarely able to take medical malpractice cases where there is no injury (even if there is absolutely clear negligence). If you haven’t suffered a major injury as a result of the negligence, then you may have a more difficult time finding an attorney to take your case.
You also raise the issue of whether you may have undergone an unnecessary surgery without your informed consent. This should be addressed with an experienced medical malpractice attorney in your area.
I wish you the best of luck.
This response is only informational and is not intended to provide legal advise nor to establish an attorney-client relationship.
A medical malpractice lawyer would have to retain a physician to examine the medical records, thus, search Avvo for a medical malpractice lawyer in your city, and call for a free consultation.
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That is an answer you will need to get from a medical expert. An attorney can have the records reviewed for an opinion, and is typically the way medical malpractice attorneys decide whether to take a case. Your other option is to find your own medical expert to review the records and determine whether their is a consent issue or some other below the standard of care conduct.
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