Legal Question in Medical Malpractice in California
Defining Medical Malpractice
I was diagnosed by my Prim Care Prov and Board Certified Urologist as having a cyst in my scrotal sac approx. three years ago. Since I have been treated with antibiotics. Now after taking another Ultrasound my Urologist states that now what I actually have is probably cancer, and he will have to remove my testicle, not to mention that if it is cancer it has had three years to spread. Approx 1 year ago, this Urologist did a surgery on my scrotal sac and supposedly removed a cyst. I feel he should have taken time to look around, as the lump after surgery never left. The lump was why I contacted the Dr in the first place. Now I have to have another surgery. Are Dr's allowed to mis-diagnose like this?
2 Answers from Attorneys
Re: Defining Medical Malpractice
Medical malpractice is a deviation from the standard of care. Whether that happened in your case will require the opinion of another doctor. Generally, doctors treat as conservatively as they can. It will take a full review of your medical records.
Re: Defining Medical Malpractice
NO.
Proof and a case are different issues.