If i contracted MRSA after having skin tags removed and have surgery to remove the infection, What are my legal options??
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If i contracted MRSA after having skin tags removed and have surgery to remove the infection, What are my legal options??
I recently had skin tags (moles) removed from my around my neck and under my arms. 2 separate areas became inflamed and swollen. I returned to the doctor’s office and the areas were lanced open and I was placed on 1 antibiotic. The areas were not healing and the antibiotic was not affective. As a result I contracted MRSA, a form of staff infection which required surgery to get rid of. Over the course of a 2 week period, I had a couple of ER visits and also a 2 night hospital stay. I am currently still under doctor’s care, do I have a case against my primary doctor? Should I speak with a medical malpractice attorney? I’m in Corpus Christi, TX.
Asked on October 3, 2011 under Malpractice Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to obtain your medical records and have the medical reports reviewed by another doctor to determine whether or not you have a malpractice case. It would also be advisable to speak with a medical malpractice attorney.
Malpractice is negligence. Negligence is the failure to exercise due care (that degree of care in this case that a reasonable physician in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the opinion of the second doctor supports a claim of medical malpractice, that doctor's report will provide evidence of your malpractice claim. Obtain the medical bills from the doctors and hospital and medical reports from the original doctor and documentation of any wage loss. Prior to filing a lawsuit for negligence against the original doctor, it may be possible to settle the case with that doctor's insurance carrier. The claim you file with the original doctor's insurance carrier should include the medical bills, medical reports, and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. If the case is settled with the insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor. If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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