Legal Question in Medical Malpractice in South Carolina

Cutaneous T-Cell Lymphoma

My mother went to her doctor around November 2008 with--name removed--''skin condition''. He said it was Eczema and prescribed lotions/creams. This condition did not get better. She sought the advice of--name removed--second doctor, once again Eczema, identical treatment and prognosis. Months went by she became frustrated and socially embarrassed from the ''skin condition'' that presented on her face. The third doctor knew immediately what he was seeing and took--name removed--biopsy of the skin cells. He diagnosed her with Cutaneous T-Cell Lymphoma. She now has--name removed--massive tumor on her face and the cancer due to negligence and the cancer has spread into her lymph system. She lives in South Carolina. Does she have grounds for legal action against the ''boobs'' who call themselves dermatologist?


Asked on 4/13/09, 6:53 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Cutaneous T-Cell Lymphoma

It depends on the delay between seeing the first and second doctors and the diagnosis of the condition. If it was a year, she probably does. If it was a month, she probably does not. This is a question of SC law so she should consult with a lawyer from that state. The critical issue is what I have always called the "so what" defense. That is, would the earlier fiagnosis have made a difference in the ultimate outcome. The oncologist has that answer and it needs to be more than a guess or a possibility -- which is often the most difficult thing to prove in these types of cases.

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Answered on 4/13/09, 9:48 pm


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