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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Facial Scaring from Carbolic Acid

    On the 22nd of last month i visited an E.R because an insect had somehow flown itself into my ear . They killed it but after hours of trying could not get it out . I was forced to wait till the ear nose and throat section opened . After about an hours pause a resident came in and took me to that section . He then tried to remove the insect but could not because my ear was reacting to the insect and had become hyper sensitive . He attempted to numb my ear with carbolic acid (phenol) . However he failed to use the applicator and instead used the dropper that came in the bottle . Instead of a small controlled amount on my ear drum my ear was filled with it . The carbolic acid instantly started eating the skin in my ear to the point it felt as if my skin was melting off . I jumped and the acid leaked from my ear down the side of my face to my lips . The acid killed the top layer of skin down a trail on one side of my face . He still removed the insect but left me with a huge scar that goes from the inside of my ear down the side of my face to my mouth. The area pealed for about 6 days where my skin fell off like baked chicken . After that time it became bright pink . Being that i am African american this is very visible . They instantly booked an appointment for me to see his boss that Friday . I met with The lead surgeon of the group , a plastic surgeon , and i have no idea who the 3rd guy was. They say it was to answer any questions i may have but they only answered them in a dodging fashion . The small amount of information i was able to obtain was the attending was a resident , and the plastic surgeon himself told me it would take 6 months to 1 year before my pigment would return to my skin . even after that it would be lighter then the rest of the skin on my face . Everyone i know or who has seen it has told me to sue . Including other doctors . I have set an appointment with a different group to check out my ear and gain there thoughts in writing to do so . However whenever i talk to a lawyer they are always willing to take the case only on a contingency fee basis of 40 % and higher . If this was a court case i could understand this . But as to date i have not heard any good news on how much this will cost to fix and they all wish to settle anyway . Not only that what about my pain and suffering ? For the next year at bare min i have to carry very large visible scar on my face that i did not need to have . I would like to do this myself and see if i can handle it without going to court . How do i determine the value i can ask for in a settlement claim letter ? Who would the claim letter be written to ? I would like to pay a lawyer to write the letter and to protect my rights in any meetings i may have in regards to the settlement. The dr already admitted it was his fault many times. i have also requested the medical records including all notes. There were at least 2 witnesses there . One being my mother the other a nurse that works in the very office . To make matters worse on his side since insects in ears are mainly handled by the e r they hardly ever make it to that side. So at least 3 other doctors were there as well. I did not count them as witnesses because as soon as the spilled happed they all left and i am yet to see them again . Until i gain the medical notes i only know the names of two witnesses . one bing my mom the other the nurse . Any help on what i can do , How much this claim is worth who i can contact about this please let me know . The hospital is a branch of sentara if that helps .

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Facial Scaring from Carbolic Acid

    You can try negotiating a settlement yourself with the insurance adjuster for the doctor's malpractice carrier. It doesn't sound like they're interested in disputing liability, so they may be willing to settle. Without a lawyer, though, it's going to be more difficult to know the value of your injury.

    You should expect that pretty much every malpractice lawyer is going to want you to sign a contingency fee contract, and I can't promise you're going to find one who will try to settle your case for a small fee.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Facial Scaring from Carbolic Acid

    I agree.

    If you want an attorney that knows what he/she is doing to get the best deal for you, that ability doesn't come cheap.

    If you want a professional, you pay professional prices. Otherwise, go it alone and get screwed.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Facial Scaring from Carbolic Acid

    Your really better off signing the contract for a contingency fee and doing this with a lawyer.

    Once the insurance company knows you don't have a lawyer they will tear you up. You may walk out of this with $2500.

    A lawyer will get you $10,000 and after his cut you will walk away with $6000.

    This may not be a typical number for your case, I'm just trying to make a point that you will walk away with more money with counsel then you would doing it alone.

  5. #5
    Join Date
    Jul 2010
    Posts
    32

    Default Re: Facial Scaring from Carbolic Acid

    I had insect in my ear when I was young and it was painful. My mom did nothing and even scold me while I cry in pain. I dont even know how it got out of my ear. I am pretty sure I was not sent to the hospital. Oh well. Using a lawyer or not, no money will be put upfront, so it is your call.

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