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

Answers:

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.


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