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I was diagnosed with breast cancer in July and underwent a mastectomy in August. After the flap failing, the surgeon redid the procedure two weeks later. I continued to have problems, and asked the dr to please do a wound culture, but was told a culture was not needed. There were a couple drs that had recommended a culture and the wound care nurses, but were always told no culture was needed. I ended up with an open wound for 8 months. Four months after originally asking for a culture I had to be hospitalized. For all those months a had a smouldering MRSA infection. Do I have any grounds for a case. The surgeon left me with an open wound that said would heal, even though it had not in 8 mos. Consulted plastic surgeon that with one small procedure had the incision and tunnel closed
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QUESTION: "Do I have any grounds for a case."
ANSWER: I am truly sorry for your circumstances. I offer my recommendation as one with medical malpractice Litigation experience (plaintiff and defense) who holds licensure both as an attorney and as a registered nurse. You certainly do have grounds to seek a screening (review) of your case on the merits. As soon as possible, you should confer with a local plaintiffs' trial attorney. There would be no fee for obtaining such a consultation. If an attorney accepts the case pursuant to the customary contingency fee agreement there would be no up-front charges to you . Rather, your legal counsel would only get paid out of the proceeds of a Verdict or settlement if he or she were successful in obtaining a favorable outcome and winning the case on your behalf. I truly do hope you see justice accomplished and also continue to recover in terms of your health.
I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
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I am not having success finding an atty in my town because of Conflict of Interest. Is it best to seek counsel from out of town or out of state?
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QUESTION: "Is it best to seek counsel from out of town or out of state?"
ANSWER: Yes. Unfortunately, this is not at all uncommon. The good news, however, is that as long as the lawyer is state licensed, he or she can practice anywhere in the jurisdiction. In fact, it is extremely common for plaintiffs' firms to maintain a statewide practice.