QUESTION
Is my case defensible, or is it litigious?
Asked on May 10th, 2012 on Medical Malpractice - Texas
More details to this question:
Last year my wife was diagnosed with laryngeal papillomatosis. She was referred to a speech pathologist who performed an endoscopy, stroboscopy, and was scheduled for surgery. The surgery was performed using microdebridement (blades). After the surgery, the doctor had admitted to having to excise more tissue than initially intended. A few days after the surgery my wife met with the doctor for a follow up. The doctor stated that they didn''t not have enough tissue to rule out cancer, but that she could see dysplasia in the tissue they had. She was scheduled for another surgery to biopsy the vocal cords, though at this point we were under the impression that the lesions had been completely removed. We sought out a second opinion, and the new doc said there were still lesions. He performed co2 laser surgery and we now have before and after pics of the surgery. I believe the first doc did not completely remove the lesions so she could perform multiple surgeries. Do I have a case?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You may have a medical malpractice case, but assuming the failures in the first surgery were corrected in the second, the big question will be whether the case is financially viable.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case, which touches on this problem.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com
Answered on May 11th, 2012 at 1:45 PM