Legal Question in Medical Malpractice in California

I was in the hospital this year to be treated for a bartholin's cyst.. shortly after being treated, the cyst came back and I went back to the hospital.. I spoke with a doctor and he told me to let the infection build and when I return a few days later to have it removed so it won't come back.. next time I came in the hospital the doctor told me they would remove it.. they needed a word catheter but none was available in the entire hospital.. he told me to come back in a couple of days to have it put in.. when I came back there a different doctor told me that the incision wasn't big enough and to just let it heal and go away.. now the cyst is coming back again for the 3rd time.. everytime I have the cyst they have to give me 2 shots, make an incision and stuff it with cotton strip :/ they knew they had to remove it but didn't.. is this something that I could sue them for?


Asked on 9/15/09, 11:21 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It sounds to me as if you gave this hospital your best shot, and it's time to find a specialist elsewhere. As for legal action, your matter should be reviewed by a medical expert. That's what most attorneys would recommend before even considering filing a lawsuit. If what the doctors did had not fallen below the reasonable standard of care, then you would lose. If the medical expert opines that it was below the standard of care, then you have a shot at winning a lawsuit.

First things first, though. Take care of your health!

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Answered on 9/16/09, 3:31 pm


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