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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2943
Experience:  personal injury and medical malpractice attorney
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Doctor took biopsy from my face without telling me it would

Customer Question

Doctor took biopsy from my face without telling me it would leave a permanent scar. The biopsy said it was pre cancerous as is everything.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.

Thank you for your question.

What state are you located? Is your question regarding if the physician has to inform you before the biopsy that a scar is possible. Did you sign an informed consent document related to the procedure? If so, did it list possible complications?

Customer: replied 1 year ago.
Ohio Yes, he did not tell me I would have a scar on my face. If he had I would have said no to the biopsy. I have never had a biopsy and thought I would have a small abrasion on my face. I do not recall if I signed a document.
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
In order to establish a claim for medical malpractice, you will have to establish that the care you received fell below the accepted standard of care and it caused you harm. The standard of care is how a normal physician in the same specialty would care for you in similar circumstances. You will need to request your medical records from that physician that you believe caused the harm as well as any medical records for care from other physicians related to this injury (you might not have any unless you have seen someone to get your scar examined). An expert in this field will then need to analyze you records and be able to testify on your behalf that the care was below the applicable standard. You will then have to prove that you were damaged by such care. It is very hard to give any opinions regarding the validity of your case without a thorough examination of the medical record. If you can prove these things, the damages you could ask for range from the cost of your care, pain and suffering, etc. Normally a physician will have you signed an informed consent form before performing a procedure that explains the risks of each procedure. A scar from removing tissue from your face would be a pretty normal complication in a case such as yours. You probably signed a form such as this but you will have to request your medical records to be sure. This case would not have a high likelihood of success even if you could show that the physician deliberately withheld this possibility and did not get consent from you for the procedure (I'm sure you did agree to the procedure) which will be difficult.
If you believe you still have a case, I would take this to a qualified medical malpractice attorney to further ascertain your claim. This attorney will likely give a free consultation and will take the case on a contingency basis which means you will pay no up front fees but will give a percentage of any settlement or judgment (usually around 40%) to that attorney. They will normally have experts to analyze your case and can properly ascertain the amount of your possible damages.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated for my time by the site.
Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

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