Dermatologists are physicians that focus on diagnosing and treating those medical conditions that impact skin, nail, and hair. When you go to see your dermatologist, you trust he or she will follow the appropriate professional standard of care. However, dermatologists sometimes fail to abide by the applicable standard of care, and in doing so, may cause significant injuries. One of the most common dermatology malpractice claims occurs when a doctor fails to timely diagnose skin cancer. At DeFrancisco & Falgiatano, our seasoned Syracuse medical malpractice attorneys may be able to represent you in claim arising from facts such as these.
Dermatology MalpracticeAny changes to your skin should be carefully monitored. For example, when a mole changes color or size, it may need to biopsied or otherwise examined. When a lesion is removed from the skin, the dermatologist should make sure no cancer or other dangerous cells remain. If medications are prescribed, the medications need to be appropriate for the specific condition that they are treating, and dermatologists should take into account drug interactions. Sometimes particular skin and hair treatments are not appropriate for certain patients who have other medical conditions or who are on other drugs, or the treatment causes serious injury to people.
If a dermatologist or their support staff don’t abide by accepted medical standards and practices, a patient can face serious consequences such as premature death, disfigurement, or pain and suffering.
Proving Medical MalpracticeIn order to prove your dermatology malpractice claim, you will need to show: (1) the dermatologist was obliged to act using a professional standard of care, (2) the dermatologist deviated from the professional standard of care, (3) causation, and (4) damages. A dermatologist’s deviation from the professional duty of care could include a failure to timely diagnose skin cancer, failure to monitor a patient’s condition, failure to timely follow up, a failure to appropriately treat skin cancer, or injuring a patient during office procedures.
You will likely need to consult with a board-certified dermatologist in order to make sure you have a claim, and an experienced injury lawyer can help you with this. Unlike other lawsuits, when you file a medical malpractice lawsuit in New York, you need to have an expert review the case before filing. A certificate of merit is usually filed with the complaint, as required by New York Civil Practice Law and Rules section 3012-a. Under this Rule, the certificate needs to indicate that you reviewed the case and consulted with at least one health care expert licensed to practice, and reasonably believe the expert is knowledgeable as to the dermatology malpractice issues relevant in your case, and based on that, you have concluded there is a reasonable basis to sue.
DamagesIf you can establish liability for dermatology malpractice, you may be able to recover damages. Damages can include both economic and noneconomic losses. Economic losses could include wage loss, medical bills, replacement services, and out-of-pocket costs. Noneconomic losses could include pain and suffering, mental anguish, and loss of enjoyment. Medical bills can include any medical expenses you’ve already incurred, as well as medical bills you have yet to incur for any future follow-up treatments, procedures, or surgeries. Similarly, wage loss is a category that includes both past, established wage loss and future wage loss.
The extent and amount of damages depends on the types of harm you suffered due to the malpractice, as well as any personal characteristics that could factor into your losses. For example, if you were a model and suffered dermatology malpractice that left a disfiguring scar on your skin, you may be differently affected than somebody whose appearance isn’t a big part of their job and sense of self-worth.
Consult a Seasoned Medical Malpractice Attorney in SyracuseIf you’ve been injured as a result of dermatology malpractice in Syracuse, you may be able to recover compensation for the losses you’ve sustained or will sustain. You can talk to a seasoned trial lawyer about whether you have a viable claim for damages. DeFrancisco & Falgiatano can represent patients harmed by dermatology malpractice in Syracuse, Rochester, and across Upstate New York, including in Utica, Wampsville, Ithaca, Elmira, Canandaigua, Binghamton, Oneida, Cooperstown, Auburn, Watertown, Lyons, Lowville, Herkimer, and Oswego. Call us at 833-200-2000 or contact us through our online form.