QUESTION

Today I was diagnosed with basal cell carcinoma. I saw my family doctor over five times in 14 months for this problem, I was misdiagnosed every time.

Asked on Oct 01st, 2012 on Business Law - California
More details to this question:
I made sure they knew my dad had skin cancer and passed away from it. They still did not take it seriously. What can I do?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In order to prevail in a medical malpractice claim, you need to prove that an ordinarily skilled physician in the same community as your family doctor would have correctly diagnosed the tumor. Moreover, you would need to prove that you suffered some kind of damage from the delayed diagnosis. You do not suggest facts in your inquiry sufficient to satisfy either branch of this dual requirement. Accordingly, it seems as though your claim, at least based on the very limited facts you have posted, is not the strongest one. Nearly all medical malpractice legal work is undertaken by attorneys who work on a contingent-fee basis. Because they only earn what they succeed with, they tend to be very picky about the cases they take. Your case does not seem to involve large amounts of monetary damages. It therefore may be extremely difficult for you to attract an attorney to this matter on a contingent-fee basis.
Answered on Oct 02nd, 2012 at 8:13 AM

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