Have you been recently treated by a dermatologist for a skin condition that required laser treatment? And, are you left with visible scarring as a consequence? If so, what are your options? Is there any legal recompense?
Medical Malpractice: A definition and its function as part of the Tort Law
Before we look at several ways to heal from the physical and emotional scarring, let’s define what medical malpractice is:
Wikipedia.com defines medical malpractice as a “legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient.”
Medical malpractice liability is a sub-category of the Tort or Personal Injury Law. It is based on the premise that the medical specialist has been negligent when providing medical care to a patient.
One of the fundamental causes of medical malpractice lawsuits is as a result of the doctor’s failure to diagnose and treat a medical condition accurately. The law also makes provision for the application of the principle of informed consent. In other words, were you adequately informed by the doctor of the possible and probable consequences of a particular treatment? If not, you have grounds to file a claim against the medical practitioner.
What to do when a medical procedure has failed
Thus, if you have had a dermatological procedure fail with disastrous results, here are several tips to help you move forward:
Consult with a medical malpractice legal expert
You are entitled to file a medical malpractice claim through the civil court. However, this process can be complicated and time-consuming.
Statistics quoted by Sheila Jacobs show that most common dermatological procedures claimed for are “operative skin procedures.” Ergo, between 2006 and 2015, the highest number of claims against dermatologists were due to errors occurring during a procedure while the second-highest number of complaints were associated with misdiagnoses.
Therefore, it’s best to work with a qualified Miami medical malpractice lawyer to obtain and submit the correct paperwork. If the claim is not filed correctly, it will more than likely be thrown out of court. You for sure need the professional help of an experienced lawyer with adequate resources to sue for medical negligence.
See a trauma counsellor
The emotional consequence of a dermatological procedure that failed can be intensely negative. And, it can result in mental health issues like depression, anxiety, posttraumatic stress disorder (PTSD), and even suicide. Thus, it is vital to seek treatment and trauma counselling to manage the emotional after-effects of a procedure gone wrong.
Seek a second opinion
Should you be faced with visible scarring, especially on the exposed parts of your body, like your face, it is a good idea to seek a second opinion on how to remove the unsightly scarring.
Even though skin graft surgery might be the only option to repair the damage, it is essential to obtain a second specialist’s opinion. Information and knowledge are incredibly empowering. And, with the correct information, you can make the best decisions to suit your circumstances and helping you to overcome the emotional trauma.
The raison d’etre behind filing a medical malpractice lawsuit against the medical specialist is not to seek revenge. It is to ensure that you have the funds to procure a second opinion to repair the damage done by the first dermatologist.