What is the culpable conduct defense?
Dental malpractice plaintiffs will face several challenges in bringing a successful claim for injuries suffered due to a failed root canal, bad extraction, botched dental surgery, and the like. One potential defense that plaintiffs should anticipate is the culpable conduct defense. In some cases, a patient’s culpable conduct...
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Category: Podiatric Malpractice
Patient Sues Podiatrist for Malpractice After Foot Surgery Gone Wrong
What are some common foot surgery errors that lead to malpractice cases?
A foot surgery patient in Cook County, Illinois has filed a malpractice action against his podiatrist, claiming the physician chose the wrong course of treatment and left the patient with ongoing pain and mobility problems. The patient is seeking more than $50,000...
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Podiatric Malpractice Lawsuit Revived by NY Appellate Court
Could my podiatrist be liable if he or she did not adequately inform me of the risks of foot surgery?
While any foot surgery can be intimidating, podiatric surgery on infants is particularly frightening for the parents and children involved. One New York family had the horrific experience of watching their infant suffer constant pain...
Podiatric Malpractice Lawsuit Revived by NY Appellate Court Continue reading…
Statute of Limitations for Podiatric Malpractice Lawsuits
What is the statute of limitations for filing a podiatric malpractice lawsuit in New York?
A statute of limitations is a law that restricts the time during which you have a right to file a lawsuit in your state’s civil court system after suffering an injury or loss. These statutes differ in various states, and...
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Podiatric Malpractice Lawsuits Stemming from Misdiagnosis
When does misdiagnosis constitute podiatric malpractice?
Many cases of podiatric malpractice stem from a delayed or mistaken diagnosis of a foot or ankle condition. Although misdiagnosis itself is not considered a sustainable cause for a malpractice lawsuit, an erroneous diagnosis that leads to an absence of necessary treatment, a delay in such treatment, or...
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When Heel Pain Is Misdiagnosed
Why is heel pain often misdiagnosed?
Because plantar fasciitis is one of the most common causes of heel pain, podiatrists too frequently jump to the conclusion that any patient presenting with heel pain has this disorder. Mistakes, of course, are inevitable, and medical professionals are as prone to make them as the rest of us....
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Surgical Error vs. Podiatric Malpractice
How can you tell if your failed foot surgery constitutes a case of podiatric malpractice?
Unfortunately, stories of botched foot surgeries are all too common. It seems that too many people who undergo foot surgery have complications, experience a longer than predicted recovery period, or are dissatisfied with the results of the procedure. If you...
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Podiatric Malpractice Cases Increase during Recent Decades
Why has there been an increase in podiatric malpractice cases in recent years?
There has been a dramatic increase in the number of podiatric malpractice cases in the past 25 years. There are several reasons for this increase in litigation, including the rise in financial prosperity and the educational advancement of a large portion of...
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New Jersey Podiatrist Has License Suspended
What are the grounds for a podiatric malpractice lawsuit?
We expect podiatrists and other medical professionals to adhere the highest ethical standards and to fulfill the first obligation of the Hippocratic Oath: first, do no harm. When doctors fail to adhere to these standards, they may be guilty of medical negligence. At times, a doctor's...
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The Complications Heel Spur Surgery
What can I do if a doctor made a mistake while operating on my heel?
Many have heard of the ailment "heel spur" but don't really know what it is. A bone spur in the heel develops when the ligament in the arch of the foot, the plantar fascia, is stretched causing significant pain. There...
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