Failure to tell me he hadn't fully removed my skin cancer
I had skin cancer on face removed 3 or 4 x by GP. Each time, in his words,"Cancer all gone. Beautiful." After it again returned, approx 2 pr 3 years after initial removal, he referred me on. Plastic surgeon had to do a nasty skin graft on my face. Could have been avoided if he was honest. I am socially and professionally embarrassed every day, and when dealing with people, look at them from an angle, so as to try and hide it. Only when surgeon sought previous pathology results, did I find out, they were 'incomplete excisions' each time. It has altered my life in many ways. Even if no compensation , as other doctors have told me, it should at least be stopped from happening to others.
Hi there. It sounds like you are having a difficult time as
a result of the operations. If it was the case that your GP acted negligently
in ignoring a risk that cancer still existed and/or ignoring the fact that
cancer had not been entirely removed you may have a claim against him.
If a person is injured by a medical professional that person
may be able to sue for negligence and be awarded compensation. For a medical
negligence claim to succeed, it must be proven that: (a) the medical
professional’s treatment fell below the standard of care reasonably expected
from that type of professional, and (b) the treatment caused and directly resulted
in injury. Not every person who suffers an injury will have a claim for medical
negligence. Much will depend on the severity of the injury, the conduct of the
medical professional when compared to industry standards, and the circumstances
in which the injury arose. In your case you will have to show that the extra
steps that your surgeon had to take at the later time could have been prevented
if your GP had met the standards he should have in the first place.
If there is a successful claim for medical negligence, you
may be entitled to compensation. Compensation would be calculated based on the
injury suffered, and is likely to include an amount to cover pain and suffering
in your personal and professional life.
Another legal option available is to lodge a formal
complaint about your GP with the Australian Medical Association (Victoria). You
can do this by contacting the Health Services Commissioner of Victoria. The
Health Services Commissioner is an independent and accessible ombudsman which
will investigate all serious claims of malpractice.
Suggested way forward
Medical negligence is a complex area of law. You would benefit from speaking to a lawyer who can help you understand the options available to your daughter and granddaughter, and ensure that their best interests are taken care of. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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