QUESTION
Can my mother file a lawsuit against her surgeon for disfigurement?
Asked on Jan 02nd, 2014 on Personal Injury - Rhode Island
More details to this question:
My question is one that most likely gets asked often. Can my mom file a lawsuit for disfigurement? Here is what happened; she had a muscle that tore in her right eye. She went to see a surgeon, the surgeon recommended they fix the muscle and lift both eyes at the same time. A week after she realized her left eye was now drooping. The Dr. acknowledged that this was a result of the surgery; his words were "I was worried that happened". Therefore, he scheduled a second surgery to fix it. After the second surgery he said she would be all back to normal. It is now drooping worse than it was previously, and he states there is nothing he can do. The major issue here is that my mother is a college professor so public speaking is somewhat of a regular occurrence but she is now embarrassed to speak in front of people because of the noticeable eye issue. Is there anything she can do? Thank you for your time.
9 ANSWERS
Yes, it is a often asked question. I am uncertain whether your are speaking of the eyeball or eyelid. ?In any case, she needs to see some attorneys who practice medical malpractice suits to explain what happened in greater detail, her symptoms, medical bills, what the Dr. said before the operation about the possibility of ?adverse effects, etc. He/she can then discuss if the case has value enough to justify the cost and risk of a lawsuit.
Answered on Jan 06th, 2014 at 7:18 PM
Ronald A. Steinberg
You need her to consult with an expert medical malpractice attorney. A bad result does not mean that malpractice occurred. There are known risks, and it would be necessary to prove this was not an anticipated consequence.
Answered on Jan 06th, 2014 at 7:18 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Cut thru the emotional public speaking bit and get to the heart. She took a risk on surgery. Doctors are not guarantors of surgery. They are only required to meet a certain standard of care. if the doctor did this that is the end of it. if he did not follow the standard of care that could be malpractice. you should get the entire chart to a doctor you trust and ask him the question.
Answered on Jan 06th, 2014 at 7:17 PM
Edwin K. Niles
Please have a free conference with a med mail lawyer.
Answered on Jan 06th, 2014 at 7:17 PM
James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Jan 06th, 2014 at 7:16 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
She needs to get a second or third opinion from other specialists to determine: #1 Is there anything that can be done to remedy the situation; #2 Whether in the opinion of a doctor in the same specialty as the surgeon will say that the first surgeon committed malpractice. Maybe there was professional negligence, and maybe there wasn't. She won't know the answer without consulting with an attorney and a medical expert.
Answered on Jan 06th, 2014 at 7:16 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
at
Law Offices of John W. Merting, P.A.
Update Your Profile
She needs to consult a medical malpractice attorney in her area.
Answered on Jan 06th, 2014 at 7:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. Expert witness testimony is required to prove that the doctor failed to follow accepted standards of practice.
Answered on Jan 06th, 2014 at 1:02 PM
Car Accidents Attorney serving Warwick, RI
Partner at
Jules J. D'Alessandro Law, Inc.
Your mother can and should have medical malpractice Attorney review her medical records. It seems that this may be a case of lack of informed consent. Your mother should have been made aware of all potential adverse consequences from the surgery before making the decision to proceed.
Answered on Jan 06th, 2014 at 12:59 PM