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Is my doctor, or any doctor I've seen, liable for medical negligence?

Buffalo, NY |

Last March I went to dr for pimple-like sore & rash on face. Dr said was contact dermatitis. Over the next few mos., kept getting worse. Was seen by my dr's urgent care ctr & told it was "eczema", then "contact dermatitis". My primary insisted I was doing it to myself. I ended up quitting my job when I could no longer make up stories why I had bandaids on my face; left my bf bcs he thought I was crazy trying to diagnose myself and moved 500 miles away..... I seen a new dr (dermatologist), was cultured and had a staph infection and dx'd with cystic acne bcs my face was (still is) FULL of sebaceous cysts. I have suffered so much and have so many medical bills. I still cannot show my face in public (it's getting better) but it started w/ ONE pimple.

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Attorney answers 6

Posted

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.

Posted

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.

Asker

Posted

The problem isn't really resolving. I'm trying to tell myself it took a year to get as bad as it did, so it's going to take some time to heal, but truthfully I don't think I'm "healing". I don't seem to have any scarring though, which is strange. I'm in the process of getting a 2nd opinion and hoping (praying) it will be something I can use to build a case. I still can't go out in public. People stare at me. I need a good doctor and a good lawyer :-(

Posted

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.

Kind Regards,

Ryan Finn
rfinn@hackermurphy.com
Proudly serving clients throughout New York State

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

Posted

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.

Posted

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.

Posted

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.

Asker

Posted

I also was told by my insurance co. to go to the ER (here in WNY) - who turned me away and said "what do u expect us to do for you it's the middle of the night?". Less than a month later when I had switched insurance and could see a local doctor, I was cultured and tested positive for staph. Shouldn't that hospital at the very least be liable for something? They billed my ins co and me for a copay for "nothing"! To send me home for another month with staph and who knows what else spreading on my face.

Rafael Omar Gomez

Rafael Omar Gomez

Posted

This is another factor which I think warrants a closer look at your situation. You should contact an attorney if you are really interested in pursuing this matter.

Rafael Omar Gomez

Rafael Omar Gomez

Posted

It sounds like your situation warrants a closer look to determine if you have a case. Please make an appointment with an attorney to discuss in more detail.

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