Do I have a case for malpractice?

UPDATED: Oct 2, 2022

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Do I have a case for malpractice?

I went to a dermatologist a few days ago to get his advice on some lesions on my penis/forskin area and some acne on my face. He looked at it and told me to lay on a table, he then told me to drop my pants again, so I did. He then told me he was going to perform a biopsy on my penis in which he was going to cut a piece of it out, I instantly let him know that I was uncomfortable with this and asked him ‘is this absolutely necessary’ even though I have autism and it’s really hard for me to communicate sometimes especially with strangers, he said yes. He put a needle there and then cut a piece off. He then later told me that he was going to give me some gel to put on my face and some pills for the acne I have on my face, and that he was almost certain that the pills he was going to give me for my face will help with whatever I had on my penis too. I feel like it was not absolutely necessary, if he thought the pills would have helped he should of told me that first instead of doing what he did. If he would have told me about the pills and that it might of helped I would of never gone through with the biospy on my penis, I would have done the pills first. I asked him if it was absolutely necessary and he said yes and now I feel like I got lied to because I never would have agreed to that if I knew there were options.

Asked on September 28, 2019 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not have a case.
First, even if the doctor felt that the pills will likely help your penis, it could still be necessary to do a biopsy to rule out something else--something much more serious, such as a STD or cancer. The two things--the pills helping and conducting a biopsy--are not mutually exclusive, and it would be very difficult to prove that conducting the biopsy was malpractice or that you were misinformed.
Second, even if had been malpractice, you can only recover compensation related to the injure or monetary costs this caused you. You do not describe any injury or significant monetary costs; hence there is no compensation to which you'd be entitled.

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