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What are my legal rights if I had a failed bunion surgery?
Bunion surgery is perhaps the most common podiatric surgery. While many bunions will not cause problems, some can lead to complications if allowed to remain untreated. Untreated bunions may result in pain, arthritis, the inability to wear normal footwear, and deformity of the second toe. Surgery is touted as the cure for bunions, but at times bunion surgery can result in other medical issues. Our NYC podiatric malpractice lawyers discuss the potential complications from bunion surgery and your rights if you undergo a failed bunion surgery.
Bunion Surgery Complications
Most bunion surgeries will be successful, but in a few instances potentially serious complications can arise. Complications of bunion surgery could include:
- Damage to the nerves in your feet
- Reoccurring bunions soon after surgery
- Pain in the ball of the foot
- Stiffness in your toe joints
- Prolonged swelling
- Infection
- Considerable scar tissue
- Deep vein thrombosis
- Failure of the bone to heal
- Toe misalignment
- Bunion remains after surgery
- Significant loss of motion of big toe
- Poorly positioned or angled big toe
- Big toe does not touch ground
Though bunion surgery is common, it is still a serious procedure. Your podiatrist should inform you of the steps he or she will need to take during surgery to correct your bunion. Depending on your surgeon’s preferences and your precise condition, your surgery could involve the insertion of screws or pins. It may require the repositioning or cutting of bones within your foot. A successful bunion surgery should remove the bunion, though it could come back several years later. Surgery that leaves a bunion behind or causes one to reappear in a short time after was likely not performed correctly.
Your Rights Following a Failed Bunion Surgery
Complications that arise from bunion surgery can leave you in considerable pain, needing a second surgery, and potentially unable to perform work tasks. If you have suffered from a failed bunion surgery, there is a chance you may be able to pursue legal action against your podiatric surgeon. Not every failed surgery will lead to medical malpractice. Rather, if the surgeon acted negligently before, during, or after the surgery, then he or she could be liable for your injuries. Contact a podiatric malpractice attorney as soon as possible for an analysis of your legal rights.