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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
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Experience:  Attorney & Certified Mediator
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My wife went to a surgeon. He would not perform the biopsy

Customer Question

My wife went to a surgeon. He would not perform the biopsy because we didn't have the full payment . But had half of it. In a result of them not doing the surgery, she has cancer. Which could have been caught a long time ago. So I'm trying to see if we have a case.
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
Malpractice is due to medical errors. There is no law which requires a private doctor from accepting partial payment before operating in any circumstance. It could have been possible for your wife to seek other medical attention who could have helped her instead of waiting. To sustain a medical malpractice case the plaintiff would bear the burden of proving that the doctor owed you a duty, that they failed to exercise reasonable care of that type of medical professional and they were the actual and proximate cause of her injuries. Again there is no law obligating the doctor to operate despite of lack of payment. His obligations would arise if he had actually started the procedure and then discontinued.

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Attorney & Mediator and 2 other Legal Specialists are ready to help you
Expert:  Attorney & Mediator replied 5 years ago.
I see that you gave negative feed back for my answer but gave a positive review. The feedback is in regards XXXXX XXXXX customer service obtained not how the answer made you feel. Could I please have your permission to remove the negative report. Thank you.
Customer: replied 5 years ago.
Yes you can remove it. I didn't realize that it did that. You were very helpful. Sorry about that.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you, XXXXX XXXXX

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