Can I sue a dermatologist for the cost of my visits and medication if her prescribed acne treatments left me worse off than before?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a dermatologist for the cost of my visits and medication if her prescribed acne treatments left me worse off than before?

It also damaged other aspects of my health.

Asked on January 13, 2016 under Malpractice Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on whether:
1) It was appropriate to prescribe or do the treatments she did, or if they were inappropriate for your condition or type/severity of acne; if a reasonable dermatologist would not have done these treatments or prescribed this medication, it may well have been malpractice.
2) Even if the treatments were, in theory, appropriate, if this doctor administered them wrong, or gave you the wrong dose of medicine, or missed obvious warning signs of a problem, that may be malpractice.
3) Even the treatment/medicine and the way it was administered was correct, if you suffered from known side effects but the doctor failed to warn you of the possible side effects and get your informed consent, that may have been malpractice.
On the other hand: if the treatment and medicine was appropriate; it was adminstered correctly; and you were warned of known side effects, then there is no malpractice, because in this case, the doctor did everything right. Malpractice occurs not every time a patient has a bad outcome, becaue the law accepts that medicine is not perfect; rather, malpractice occurs when the doctor does something wrong or careless.
Note that to sue a doctor, you'll need a medical expert who can testify that the other doctor was in the wrong and caused you harm. A good first step is to consult with another dermatologist or other doctor and see what he/she says about the cause of your problems. If another physician feels that you suffered due to the treatment, then you may have a malpractice case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption