The most serious and disabling podiatric errors are usually made in surgical cases. Even though much foot surgery is performed in the office, foot surgery is just like any other surgery:
There are no short-cuts to be taken just because the surgery is performed in the podiatrist’s office.
Your podiatrist should take a thorough history, perform a careful examination, review x-rays and have a specific surgical plan.
You must be given a written consent form and you must be allowed to read it and understand it without being rushed. You should not be given the form for the first time in the operating room, minutes away from the beginning of surgery.
In addition to the written consent, your podiatrist should fully explain your condition, the proposed surgery, and its risks and alternatives including not having surgery and instead trying other treatment.
You should not be rushed into surgery. You should be given sufficient time to consider your options and not be convinced to have the surgery the first visit to the podiatrist especially if the surgery is merely elective and not an emergency.
As with any other surgery, the postoperative course is important and you should be fully aware of what is involved and the degree of temporary disability you can expect. The patient has the responsibility to follow the podiatrist’s instructions and return for all scheduled visits. On the other hand, the podiatrist should give specific instructions so that the patient knows exactly what they should and should not do during the healing process.
As with any other kind of treatment, you have the right to get a second opinion and for most foot surgery the patient should get that second opinion. At times, if the condition or treatment is complicated, the patient may need additional opinions.
How Long Do You Have to Sue a Doctor After Surgery in New York?
If you or a loved one has experienced a surgical error in New York, it’s crucial to be aware of the statute of limitations for medical malpractice lawsuits. In New York, you generally have two and a half years (2.5 years) from the date of the alleged surgical error or malpractice to file a lawsuit against the responsible healthcare provider.
However, there are exceptions to this rule, such as when the malpractice involves foreign objects left inside the patient’s body, in which case the statute of limitations may be extended. It’s essential to consult with an experienced surgical error lawyer in NYC as soon as possible to ensure you meet the necessary legal deadlines.
What to Do If a Surgeon Makes a Mistake?
Discovering that a surgeon has made a mistake during a medical procedure can be distressing and potentially life-altering. If you suspect a surgical error or malpractice has occurred, here are the immediate steps to take:
- Seek Medical Attention: Your health and well-being are paramount. Get medical attention to address and document any injuries or complications resulting from the surgical error.
- Gather Information: Collect all relevant medical records, surgical notes, and any other documentation related to the procedure and its aftermath.
- Consult an Attorney: Contact an experienced surgical error lawyer in NYC who specializes in medical malpractice cases. They can evaluate your case, determine if there was negligence, and guide you on your legal options.
- Preserve Evidence: Ensure that all evidence related to the surgical error is preserved. This may include keeping medical records and any physical evidence.
- Avoid Communicating Directly with Healthcare Providers: Refrain from discussing the case directly with the healthcare provider or their insurance company, as anything you say could be used against you.
What Is Considered a Surgical Error?
Surgical errors encompass a wide range of mistakes or acts of negligence that occur during surgery or other medical procedures. Some common examples of surgical errors include:
- Wrong-Site Surgery: Operating on the wrong part of the body or the wrong patient.
- Foreign Objects Left Behind: Accidentally leaving surgical instruments, sponges, or other foreign objects inside a patient’s body.
- Nerve or Organ Damage: Injuring nerves, blood vessels, or organs during surgery.
- Anesthesia Errors: Administering too much or too little anesthesia, resulting in complications.
- Inadequate Postoperative Care: Failing to provide appropriate post-surgical care, leading to infections or other complications.
- Failure to Obtain Informed Consent: Performing a procedure without obtaining proper informed consent from the patient.
- Infection Control Failures: Inadequate sterilization procedures or failure to prevent surgical site infections.
If you suspect that any of these or other surgical errors have occurred, it’s essential to consult with a skilled surgical error lawyer who can thoroughly investigate your case and advocate for your rights.