Skin conditions are highly prevalent in Ireland, with 54% of the population affected by skin disease each year. At any given time, 33% of people have a condition that would benefit from medical care. With so many people seeking help for skin-related issues, dermatologists have a critical role in diagnosing, treating, and managing skin conditions. However, when medical care falls below the expected standard and results in harm, patients have the right to file a medical malpractice lawsuit against the physician responsible.
If you or a loved one has experienced substandard care that worsened your skin condition or led to unnecessary harm, you may be entitled to compensation. At Michael Boylan Litigation, we can guide you through the process of seeking justice and help you get the compensation you deserve. Get in touch with us to discuss your case.
What Is Dermatology Malpractice?
Dermatology malpractice occurs when a dermatologist or healthcare professional providing skin-related treatment fails to meet the standard of care, resulting in harm or injury to the patient. This may involve incorrect diagnosis, improper treatment, or failure to take necessary action. Like in other malpractice cases, dermatology malpractice can have serious consequences, potentially worsening the patient’s skin condition or causing additional complications.
Examples of Errors That Entitle You to Bring a Malpractice Lawsuit Against a Dermatologist
- Misdiagnosis of Skin Conditions: Diagnosing a serious condition, such as skin cancer, as a less severe issue like eczema or acne can lead to delayed treatment and worsened outcomes.
- Failure to Diagnose Skin Cancer: Missing early signs of skin cancer, such as melanoma, can result in the disease progressing to more dangerous stages, reducing the patient’s chances of recovery. A patient with basic melanoma is more likely to survive if treated immediately than if the disease turns into malignant melanoma before he is treated.
- Improper Use of Laser Treatments: Incorrect application of laser treatments can lead to burns, scarring, or pigmentation changes that are difficult or impossible to reverse.
- Prescription Errors: Prescribing the wrong medication or failing to recognize a patient's allergies can lead to severe skin reactions, infections, or other health issues.
- Surgical Errors: Mistakes made during skin surgeries, such as lesion removal or skin biopsies, can cause infections, scarring, or nerve damage.
- Inadequate Post-treatment Care: Failing to provide proper aftercare advice or follow-up can lead to complications such as infections, scarring, or prolonged healing.
Causes of Dermatology Malpractice
Medical liability claims against dermatologists may arise when, due to any of the reasons below, the patient suffered personal injuries:
- Inadequate Training or Experience: Dermatologists who lack the proper expertise or training may misdiagnose conditions or apply inappropriate treatments. Many malpractice claims in dermatology result from situations where poorly trained
- Diagnostic Errors: Dermatologists may overlook or ignore key symptoms, failing to conduct necessary tests or refer the patient to specialists when required. Patient outcomes are usually poor when their healthcare providers ignore their symptoms.
- Poor Communication: Miscommunication between the dermatologist and the patient regarding the risks or benefits of treatment can lead to improper or unwanted care and compromise patient safety. Some dermatology malpractice suits are hinged on the failure of the professional involved to obtain the informed consent of the patient before commencing treatment.
- Negligent Surgical Practices: Carelessness during procedures like biopsies, laser treatments, or mole removals can result in unnecessary harm. When this happens, the dermatologist breaches their duty of care
- Delayed Diagnosis or Treatment: Failing to act quickly on early signs of skin conditions, particularly skin cancer, can result in the condition worsening significantly.
Those affected by any form of dermatology malpractice are entitled to file malpractice lawsuits against dermatologists.
The Dermatology Malpractice Claim Process
The process for pursuing a dermatology malpractice claim begins with an initial consultation, where you’ll discuss your case with one of our experienced solicitors. We will then gather all necessary evidence, including medical records and expert opinions, to support your claim. Once we have built a strong case, a formal letter of claim will be issued to the responsible dermatologist or healthcare provider.
If liability is accepted, we will enter negotiations to secure a fair settlement. In many cases, this avoids the need for court proceedings. However, if a settlement cannot be reached, we are prepared to take the case to court, where a judge will determine if negligence occurred and award compensation accordingly. Throughout the entire process, we will guide you and manage all legal aspects to ensure you secure the compensation you deserve.
How Much Compensation Can You Get?
The Personal Injuries Guidelines provide a range of compensation for conditions that can arise in dermatology malpractice claims, including scarring, burns, and skin conditions such as dermatitis. The specific compensation will depend on the severity and impact of the medical error, the cosmetic effects, and any associated psychological trauma. For example:
- Non-facial scarring: For a number of noticeable laceration scars or a single disfiguring scar, compensation ranges from €30,000 to €80,000. In less severe cases, with minor cosmetic effects, the range is €1,000 to €40,000.
- Burns: These injuries often attract higher compensation due to the pain involved and the lasting physical and psychological effects. Significant burns affecting 40% or more of the body may lead to compensation exceeding €200,000.
- Dermatitis or other skin conditions: Severe cases that affect both hands, cause cracking, soreness, and affect employment or domestic capabilities can result in compensation ranging from €30,000 to €55,000. Less severe cases, such as dermatitis of one hand lasting two to three years, fall within the €7,000 to €16,000 range.
These guidelines serve as a reference to determine compensation based on the nature and extent of injuries, but the actual compensation will vary based on the unique circumstances of each case.
Statute of Limitations
Under the Statute of Limitations (Amendment) Act 1991, you generally have two years from the "date of knowledge",when you become aware of the harm caused by the malpractice,to bring a claim. For minors, the two-year period begins on their 18th birthday, allowing them until their 20th birthday to file a claim. This means that medical malpractice lawyers must file any cases against dermatologists within the timeframe prescribed by the statute. Some malpractice claims against dermatologists have failed on account of being statute-barred.
Start Your Claim
If you've suffered harm due to dermatology malpractice, contact Michael Boylan Litigation to start your claim today. Our solicitors have over 35 years of experience with medical negligence cases, including professional liability claims against dermatologists. We have ensured that all medical malpractice claims were filed on time, increasing our clients' chances of victory. When you contact us, we will assess your case, gather the necessary evidence, and guide you through every step of the process to ensure you get the compensation you deserve. Reach out to our senior partners to take the first step toward securing justice.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
