Legal Question in Medical Malpractice in New York

I recently visited a dermatologist who told me the standard of care for treating toenail fungus with lamisil involves no drawing of blood to check the health of my liver etc. while I am on the medication. However, when speaking to another dermatologist's office (a well-reputed doctor to be sure) I was told ipso facto that the standard of care involves regular drawing of blood to check for any ill effects of the medication. Who is correct? Do I have a malpractice suit?


Asked on 12/22/09, 7:03 am

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Medical malpractice claims are complex and costly to file. You have to prove two elements generally speaking: 1) liability (who is at fault) and 2) damages (your injuries). The standard of care is the benchmark at which doctors operate. If there is a deviation from the standard of care then malpractice may have occurred. The question I have for you in your claim is what is the extent of your injuries, if any. Kindly contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free, confidential consultation. We have convenient locations all over New York and can have an attorney come to you upon request. You can also visit our helpful personal injury resource on the web at www.1800wefight.com. I look forward to fighting hard for your rights.

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Answered on 12/28/09, 2:12 pm


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