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.
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 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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.
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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.
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.
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.
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