Hi, l am seeking info about the starting point of the statute of limitations; when it kicks in and the limits. My freind went to a nose doctor because a sore on her nose would not heal. He did a biopsy. It was benign and diagnosed it as cellulitis. several months later she still has bleeding problems. she returns to the doctor. He prescribes medication for cellulitis. l ask for another biopsy. He refuses; saying that maybe he should get a biopsy but he thinks that it is unnecessary. l get mad. We go to another doctor. He does a biopsy. Its cancer. basal cell sarcoma. l thought so. l even complained to the first doctor about my concerns to his deaf ears. Now she needs surgery and treatment over a year after we first started seeking help. What about the statutes? and is there a case? thanks
mnwomen
You have no case. He treated her for what he thought was wrong. Later it was found to be cancer. That does not mean it was cancer the first time he did a biopsy. She would have needed the surgery even if the first doctor had found it to be cancer.
Cigar Monkey
Before she sues you better think long and hard about whether there is malpractice. The first biopsy may have indeed come in negative and refusal to perform a second under those circumstances is not malpractice. Even if it were malpractice you would have to prove damages. Perhaps she lost some money on the first doc. This would be fairly minimal. The discovery of the cancer later though does not mean there are damages.
STEVEN F
The ONLY way this is malpractice is if the FIRST biopsy actually indicated cancer, or if something changed between the to visits that would have indicated to a REASONABLE doctor that a new biopsy was needed. based on YOUR side of the story neither of these was the case.
In addition, you have NO damages. Even if the first doctor had ordered a new biopsy, it would not have caught the cancer any sooner than it was detected by the second doctor, and the SAME treatment would have been required.
IF you can prove the FIRST biopsy was misinterpreted, you MAY have a case.
Orignal From: malpractice medical; statute of limitations; from start to finish?
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