What to do if I had a mole removed by a dermatologist and a few days after I got an infection?

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What to do if I had a mole removed by a dermatologist and a few days after I got an infection?

During the removal there was severe pain. After the procedure, my entire hand was throbbing. The day following, my fingers and hand were numb. I still have some tingling on and off and I have a deep scar from the removal. I know they kept the freezing can on it way too long. I am very upset with how my hand looks now.

Asked on August 6, 2013 under Malpractice Law, Virginia


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

Answered 9 years ago | Contributor

It would be advisable to be examined by a second dermatologist, who could also review your medical records.  If the second doctor writes a report supporting your malpractice claim, proceed with the case.

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's report supports a medical malpractice claim, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Obtain your medical bills, medical reports (especially the report from the second doctor) and documentation of any wage loss.  Your claim filed with the first doctor's malpractice insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your 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 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 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 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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