What to do if my doctor preformed a breast biopsy over 2 months ago but since then it has not healed?

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What to do if my doctor preformed a breast biopsy over 2 months ago but since then it has not healed?

He doesn’t want to do anything to help fix it. I have since then gone to a different doctor and he seems to know what he is doing and has taken steps to get me on the road to recovery. Do I have a case against the first doctor for not even trying anything to make this situation better?

Asked on July 9, 2013 under Malpractice Law, Montana

Answers:

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

Answered 8 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).

If the second doctor writes a report supporting a malpractice claim, that would strengthen your case and it would then be advisable to proceed.

It is also possible that the different approaches between these two doctors might just be that the first doctor is more conservative in medical treatment than the second doctor and if that is the case, then this is not malpractice.

As mentioned above, if the second doctor writes a report supporting a malpractice claim, proceed with the case against the first doctor.  Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your claim should include your medical bills, medical reports (especially the medical report from the second doctor) and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensaton for wage loss is straight reimbursement.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor.  If the case is NOT settled with the first doctor's malpractice insurance carrier, your lawsuit for negligence against the first doctor 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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