lawyer client discussing case

Ask the Attorney: Should I Sue My Orthopedic Surgeon, Podiatrist or Medical Facility For Malpractice?

At The Law Firm of Lawrence M. Karam, P.C., our track record of successful outcomes speaks volumes about our commitment to justice for our clients. Lead attorney, Lawrence Karam, handles all types of medical malpractice cases and concentrates in foot surgery malpractice.  If you are unsure whether you have a viable claim of orthopedic, podiatric, or medical facility malpractice relating to foot surgery, contact our office now for a free evaluation of your case. You will not only receive superior legal representation; you will be treated with the respect and compassion Larry has shown his clients for over 40 years.

We know that navigating the complexities of a potential malpractice lawsuit is overwhelming, especially when you are suffering personal injury and unsure about the viability of your case. Larry Karam will provide you with guidance and support and will charge you nothing until he brings you the compensation you deserve.

What Constitutes Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure results in patient harm, either a new injury or condition or worsening of the original condition being treated. In order to establish a malpractice claim, four elements must be met:

  1. Duty of Care: The healthcare provider owes a legal duty of care to the patient.
  2. Breach of that Duty: The provider breached that duty by failing to adhere to the accepted standard of care.
  3. Causation: The breach of duty contributed to or directly caused injury or harm to the patient, or worsened their condition.
  4. Damages: The patient suffered measurable harm (monetary damages) as a result of the provider’s breach of the duty.

If you believe these elements apply to your situation, it is well worth exploring your legal options with Larry Karam.

Statute of Limitations for Medical Malpractice in New York

In New York, the statute of limitations for filing a medical malpractice lawsuit is generally two and a half years (30 months) from the date of the alleged malpractice or from the end of continuous treatment rendered by the negligent healthcare provider, whichever is later. However, there are exceptions to this rule, particularly in cases involving foreign objects left in the body or cases in which the patient was a minor at the time of the malpractice.

In any case, it is essential to act swiftly if you believe you have a malpractice claim, as failing to file within the statute of limitations may result in your case being dismissed.

Types of Orthopedic, Podiatric, and Medical Malpractice

Medical malpractice can take many forms, including:

  • Failure to take a full medical history
  • Failure to obtain informed consent
  • Misdiagnosis or delayed diagnosis
  • Performance of unnecessary surgery
  • Surgical errors
  • Medication errors
  • Anesthesia errors
  • Failure to follow up after treatment or surgery

Depending on the nature of the medical malpractice claim, a knowledgeable attorney will be able to determine which party bears liability for your injury. It may be your podiatrist, your orthopedist, another physician, or the hospital or surgical center in which you were treated. 

No matter who is at fault for the harm that has come to you, Larry Karam will be able to identify the responsible party and create an effective strategy for deft negotiation and/or vigorous litigation.

Contact Our Experienced Medical Malpractice Attorney Today

Don’t waste time worrying about whether you should be taking steps to right the wrong you suspect has been done to you. Instead, get in touch with the Law Firm of Lawrence M. Karam, P.C. 

Larry will evaluate your circumstances objectively. Once he determines that you are a victim of orthopedic, podiatric or medical malpractice, he will handle all legal and logistical matters so that you can take the time you need to heal with the peace of mind that comes from knowing that he is working tirelessly to secure your future.

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.