Can I sue my Plastic Surgeon after a double mastectomy due to cancer? I had expanders put in after mastectomy. My body was not handling it so I asked for them to be removed. My Plastic Surgeon put the smallest amount possible of silicon during the removal. My body did not do good with that also. I had them removed. 3 surgeries in 6 months and I am left with "major" scar tissue, loss of mobility and a lot of other problems. I can send u a pic of my chest and you can "see" what I am talking about.
Country relating to Question: United States
State (if USA): New York
Physical Therapy, compression bras and medication.
Hi and welcome to JA
I believe you can.
While I am a New York personal injury attorney, you have to find another one with whom to consult and perhaps to represent you.This is because as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even though I am a NY lawyer, the same rule applies.
To find an attorney, go online to Martindale.com. This is a nationwidedirectory we lawyers use ourselves to find highly qualified legal specialistsin various fields of law. These lawyers are NOT in Martindale because they paidto be included. They are there because they are rated as QUALIFIED by otherlawyers in their field of expertise and geographic area as it applies to yourkind of case. The process is this: other lawyers are asked to fill outquestionnaires giving their opinion of the quality of the work of the law firmthat ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult withtwo or three and select the one you are most comfortable with. The Martindale listing will have the names of current or ast clients. Contact those clients asreferences for the firm.
You must contact a lawyer who specializes in medical malpracticecases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
· Misdiagnosis of, or failure to diagnose , a disease or medical condition;
· Failure to provide appropriate treatment for a medical condition;
· Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Given that criterion, i believe (although this is not and cannot be legal advice) I think you have a valid claim.
Please press 3 or 4 or 5 below so that I may getcredit for assisting you. Please do NOT press 1 or 2since that will result in a negative rating for mewhich you may not have intended. If you want further information or clarification, just ask before you give a rating.
I ask you to be fair in your rating. For instance, in these actualexamples, I don't feel the expert should have received a negative rating:
1. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.
2. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".
3. The answer is short, but ACCURATE. A customer simply wants a longer answer.
Thank you for reading this and for your consideration. I'm always ready to help further.
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
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