More details to this question:
I went for a biopsy last Aug 2012 for what was a dry spot on my face. I went to a dermatoligist. I called about s week later for the results. Someone in the office said it was fine. I was happy as being I am a breast cancer survivor was glad the results came back fine. The spot was still there and was getting worse and growing. I decided to go to another dermatologist. He preformed another biopsy. It came back as pre cancerous. I also showed him the results of my previous test results. He informed me it also showed pre cancerous cells.
I also noticed when I started calling the first Dr for a copy of her biopsy, her office kept calling me to make an appointment so the Dr could go over the results with me. I laughed and said she wants to see me now after 8 months, she already read the report and I was told everything was fine.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Obviously, it sure smells like negligence. The question is what was the impact of the delay in treatment? Hopefully the impact was zero, and the second doctor will eradicate the problem. If not, then you have a claim that is probably worth investigating. If the delay didn't result in lasting harm, then your probably do not have a financially viable malpractice case.
In New Jersey, the statute of limitations expires two years from the date of negligence, or two years from the date you knew (or should have known) that the doctor did something wrong. If you do not file a lawsuit within those time limits, you will be barred from doing so.
If you determine that you were harmed as a result of the delay in diagnosis, you should contact a local medical malpractice attorney. Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Answered on Jul 03rd, 2012 at 11:02 AM