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eyeknow

Junior Member
What is the name of your state (only U.S. law)? Ohio

About 8 months ago I went to a dermatologist because I had a small blood blister that was on my ankle. It was about 1/4th the size of a pencil eraser...so small. However, it bothered me because it didn't look great. Caused no pain etc.

I went to the dermatologist who said she was going to remove it. I asked what it actually was and she said a hardened blood blister. Ok gross... and I asked about the scarring. She said VERY little scarring, just a small white scar once all healed. So that day she removed it by (GROSS) using a razor.

With in 3 days something was VERY wrong. My entire leg was INFECTED big time. I went to the ER and had a major cellulites infection. I am a normally healthy 30 year old woman. Avid runner, 123 lbs, and 5'4. Never sick ...nothing. So I get massive antibiotics, and with in a few weeks I am healed.

In the middle of all of this I sent a complaint to the Ohio Medical Board. I talked to several other people who used this dr, and they said she was a "slicer", and did a LOT of these procedures unnecessarily. Also complaints of infections after being cut... NICE.

So regardless, I sent in my complaint, and went on with my life, and massive scar on my leg.
This past week I got a letter from the Ohio Medical Board that said they are doing a full legal investigation. All of my records from the derm, ER, and follow up visits were being subpoenaed.

All that said, I am glad she is being investigated. The scar on my leg is what is bothering me. It went from very small, to now it is about .5 inch diameter. I constantly wear socks to cover it, and avoid going to the pool. I don't wear heels as often, unless I find DARK panty hose. It is ridiculous and ugly.

Do I have any grounds to sue her? Should I just let the medical board do their work?
 


ecmst12

Senior Member
You consented to the procedure. Infection is a known risk of any surgery. The scar will improve over time.
 

eyeknow

Junior Member
Thanks for the advice.

Question, if the Medical Board finds her guilty of wrong doing, do my rights change? (ie dirty medical equiptment, or her at fault). She has had many complaints against her I am now learning.
 

ecmst12

Senior Member
Even if there was conclusive proof that she did not follow sterile technique (extremely unlikley), your damages are not significant enough to justify the time and expense of a malpractice suit.
 

eyeknow

Junior Member
Thanks for the information. I have never been involved in a suit of any type and had no idea what would qualify.
Thanks, again!
 

ecmst12

Senior Member
Malpractice suits take an average of 3-5 years and tens of thousands in expert witness and other fees to litigate.
 

barry1817

Senior Member
medical

Thanks for the advice.

Question, if the Medical Board finds her guilty of wrong doing, do my rights change? (ie dirty medical equiptment, or her at fault). She has had many complaints against her I am now learning.
The medical board is completely separate from an individual civil suit. If they find in your favor that certainly would be helpful to you, but it would depend on how long they take and if the statute of limitations expires while waiting for this to be decided.

Sort of reminds me of when a criminal case goes against a person, and then the civil law suit if filed.

Often what is needed is the civil suit to be filed to protect your interests, if a lawyer finds there to be a case, and then you can wait until the board finishes their investigation.
 

lya

Senior Member
A half-inch scar on one's ankle is absolutely no cause for dark hose or avoiding the pool and absolutely no cause for a medmal lawsuit unless, of course, the injured party is an ankle-wear or shoe model and perfect ankles are required for the job.

If there is a compensable damage, it would be for additional medical treatment due to negligence by the MD. That has yet to be established or evaluated by a medmal attorney and expert consulting/testifying witness(es).
 

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