QUESTION

Misdiagnosis of dermatological condition that led to severe scarring and disfiguration

Asked on Mar 13th, 2015 on Medical Malpractice - North Carolina
More details to this question:
In Feb 2009 I presented with large cyst-like lessions on my chin. Over the next month or two the lessions spread over my entire face. My dermatologist diagnosed me with a rare dermatological condition called rosacea fulminans. There is no treatment for the condition itself and it usually resolves itself after a year. After 12 months my dermatologist reached out to colleagues about the case. One physician insisted I see him in person before he made a diagnosis. I went to see him and he immediately said it was demodex mites. I told him my dermatologist had already tested for that and ruled it out. He said she must have not been performing the test correctly and did the test himself. It came back positive for demodex mites. By this time the damage was already done and I've spent thousands of dollars trying to correct it.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
You may have a case if earlier intervention would have gotten rid of the mites sooner and you can prove that the earlier diagnosis would have resulted in less harm, but if the misdiagnosis happened in 2009, a big question will be whether the defendant has a statute of limitations defense.  A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases.  Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.   In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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  Click here for my website. 
Answered on Mar 15th, 2015 at 1:12 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters