What to do if I was told I had a benign lymphoma in my arm and was referred to a general surgeon by family practitioner but it wasn’t a growth, it was just a muscle in knots?

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What to do if I was told I had a benign lymphoma in my arm and was referred to a general surgeon by family practitioner but it wasn’t a growth, it was just a muscle in knots?

I had surgery. I know have an ugly scar from stiches, pain and soreness and a medical bill for procedure that I did not need. Do I have a case to file for medical malpractice?

Asked on December 26, 2014 under Malpractice Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

You would have medical malpractice claims against both the family practitioner and the surgeon.  Prior to filing a lawsuit for negligence against both doctors, it may be possible to settle the case with both of their medical malpractice insurance carriers.  You should obtain your medical bills, medical reports and documentation of any wage loss.  Your claims filed with both doctors' medical malpractice insurance carriers should include those items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your medical condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If your case is settled with both doctors' malpractice insurance carriers, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carriers, reject the settlement offers and file your lawsuit for negligence.  If the case did not settle with either doctor, name both doctors as defendants in your lawsuit for negligence.  If the case settled with one but not both doctors, only name the doctor with whom the case did not settle as a defendant in your lawsuit for negligence.

If the case is NOT settled with both doctors' malpractice insurance carriers, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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