What to do if I sought dermatologist treatment and for a laser procedure to have a birthmark removed from my face but it is still there and is worse than before?

The doctor said it would take 3 treatments. Now, 6 treatments down the line, the birthmark is darker than it is worse than it was before I started the treatment. What kind of recourse do I have?

Asked on February 23, 2015 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF the doctor's prognosis or treatment did not reach current accepted medical standards or was negligent (unreasonably careless), you may be able to sue him for malpractice for medical costs (e.g. the cost to have it removed properly if possible) and some amount of pain and suffering. But if the doctor did everything a reasonable, competent doctor would be expected to do and the birthmark was been unexpectedly difficult to remove, that is not malpractice--the law accepts taht medicine is not perfect, and sometimes doctors do everything right but the result is not good. It's only malpratice when the doctor was careless in some way.

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.