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Foot surgery should reduce pain, restore mobility, and improve daily life. But when a preventable infection develops, recovery can turn into a painful cycle of complications and extra treatment. Legal options depend on what caused the infection and whether your provider ignored their professional responsibilities.
Not Every Infection Means Medical Malpractice
Infections are a known risk of surgery, even when doctors follow protocol. Still, podiatrists have a duty to minimize that risk with proper planning, sterile technique, and follow-up care.
If an infection happened because your provider failed to follow reasonable medical standards – such as using unsterile equipment, ignoring signs of infection, or discharging you too soon – that may cross the line into negligence.
What Qualifies as Negligence in Post-Surgical Infections?
Medical malpractice happens when a healthcare provider ignores the accepted standard of care and a patient suffers harm as a result. In foot surgery cases, negligent providers might:
- Use unsterile equipment or fail to maintain a clean surgical environment
- Skip antibiotics when they’re clearly necessary
- Dismiss early signs of infection like swelling, redness, or discharge
- Neglect timely follow-ups or ignore worsening symptoms
- Misdiagnose the infection or delay proper treatment
When these mistakes lead to severe infections – especially those requiring hospitalization, additional surgery, or long-term care – you may have grounds for a lawsuit.
How Infections Can Impact Your Health
Infections after foot surgery can be challenging to treat. Some spread to the bone, require tissue removal, or lead to partial amputation. Beyond the physical toll, many patients also face emotional distress, lost income, and mounting medical bills.
If you developed an infection that proper medical care could have prevented, you have every right to seek answers – and to pursue compensation.
What You’ll Need to Prove in a Lawsuit
To bring a successful malpractice claim, you’ll need to show:
- A Doctor-Patient Relationship Existed – This part is usually easy to establish with medical records showing your appointments and treatments.
- The Provider Failed to Meet the Accepted Standard of Care – Expert testimony from another podiatrist or surgeon may be required.
- You Suffered Harm as a Result of That Failure – This includes physical injuries, additional treatments, medical expenses, lost wages, or long-term effects.
- There’s a Direct Link Between the Negligence and Your Infection – This is often the most disputed part of a malpractice case.
That’s why speaking with an experienced podiatric malpractice attorney early on can make a real difference. They can review your records, consult medical experts, and help determine whether you have a case.
Why Infections After Foot Surgery Are Often Overlooked
Some providers handle the procedure correctly but ignore warning signs during recovery. They brush off swelling or discharge as normal and tell patients to wait, wasting time when quick treatment could make a meaningful difference.
You know your body. If you felt like your concerns were brushed off or your care team delayed necessary treatment, that may support a claim for negligence.
Time Limits to Sue in New York
In New York, the statute of limitations for medical malpractice gives you two years and six months from the date of the negligence, or from the end of continuous treatment for the same issue.
That deadline can approach fast, especially while you’re still recovering. Acting quickly gives your legal team time to build a strong case and protect your right to sue.
How Our Legal Team Can Help
At Dental & Podiatric Malpractice Lawyers of New York, we focus on cases just like yours. Our attorneys understand how devastating post-surgical infections can be, especially when they are entirely avoidable. If you’re unsure whether you have a claim, we offer free consultations to discuss your experience and provide honest guidance about your options.
We work with top medical experts, build strong legal strategies, and advocate fiercely for clients harmed by negligent care. If your infection resulted from a preventable error, you shouldn’t be left to deal with the consequences alone. Contact us today to learn more about your legal options.