What makes for a medical malpractice case?

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What makes for a medical malpractice case?

A plastic surgeon did bronchial cleft cyst surgery on my 2 year old and 9 months later it’s still not healed; it’s is infected and another doctorsaid it was because the plastic surgeon “left behind tissue”. Now I have to take my son to children’s hospital. Is this a malpractice case? Should i speak with a medical malpractice attorney? In Trumbull County, OH.

Asked on November 13, 2011 under Malpractice Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Medical malpractice is broad in nature and there really isn't a set line because such cases involve various surgeries and procedures. Each surgery or procedure carries its own set of risks and benefits and depending on the health of the patient, age of the patient, type of surgery or procedure and talent of the doctor, you can set the facts up for a medical malpractice case or no liability. In your situation, your attorney who should specialize in medical malpractice of young children involving facial issues should be able to tell you if this particular set of facts gives rise to medical malpractice. Just because one doctor indicates tissue was left behind is not in and of itself proof positive medical malpractice exists. It could be that to remove any more tissue at this young of age could have been more detrimental. Check with a lawyer and hopefully all of this will be met with a speedy recovery.


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