My 2 yearold daughter had surgery to have a cyst removed but the doctor completely missed the cyst, is there anythingthat Ican do?

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My 2 yearold daughter had surgery to have a cyst removed but the doctor completely missed the cyst, is there anythingthat Ican do?

Asked on November 7, 2010 under Malpractice Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should seek help from a medical malpractice attorney in your area as son as you can.  It sounds a bit negligent to "miss" a cyst.  Putting a child of that young an age through the trauma of surgery - and the danger as well - and to miss the cyst in unconscionable.  The attorney will need you to execute authorizations to obtain the medical records from the surgery to determine if there is in fact a case.  Also, in certain states another doctor has to review the records and advise if there is indeed malpractice that has occurred and then sign an affidavit as to the fact to start a suit.  In the meantime get another doctor for your daughter.  Good luck.


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