Types of Podiatry Malpractice and How They Are Proven
- Posted on: Oct 7 2020
Most patients do not even consider consulting with a podiatry malpractice lawyer unless they have suffered considerably from maltreatment by a formerly trusted professional. Small mistakes are everywhere and unless a podiatrist causes unnecessary extreme pain or long-term disability, the majority of patients have a measure of empathy and forgiveness for inconsequential honest mistakes. Nonetheless, if you have suffered a severe negative impact on your mobility or general health, Dental & Podiatry Malpractice Lawyers of New York supports your right to obtain the substantial damages you deserve.
Types of Podiatry Malpractice
Human beings depend on their feet and ankles for a great many everyday activities that involve: personal hygiene and healthcare, daily chores, work, recreational pursuits, and social relationships. Damage to one toe, or even one toenail, can interfere with these activities or, at times, be completely incapacitating. Therefore, serious mistakes made as a result of a podiatrist’s negligence should be reported and discussed with an experienced podiatry malpractice attorney who had a history of successful settlements and verdicts.
Cases of podiatry malpractice cover a broad range, including:
- Failure to diagnose or misdiagnosis
- Failure to take a full medical history
- Performance of unnecessary or poorly executed surgery
- Improper sterilization of equipment
- Failure to use or take all necessary precautions during the COVID-19 pandemic
- Failure to prevent or immediately recognize signs of infection
- Administration of medications or anesthesia that result in allergic reactions or drug interactions the podiatrist should have predicted
- Failure to obtain informed consent before a procedure or surgical intervention
While some patients will recover completely from incidents of podiatry malpractice, albeit after enduring physical and emotional trauma, other patients may require one or more surgical repairs or will suffer permanent disability. In any case, patients harmed by podiatric negligence are entitled to compensation commensurate with the severity of their injury.
Problems Your Podiatrist May Have Caused
It’s a terrible thing when the “cure” for a foot problem creates a more serious, or even catastrophic, problem, such as:
- Local or systemic infection
- Stiffness, swelling, loss of full range of motion
- Excessive bleeding at the wound site (hematoma)
- Amputation of appendages or digits (i.e. feet or toes)
- Inability to walk, or to walk without severe pain
- Permanent disfigurement
If you are left with one of the above problems as a result of podiatric negligence, you may have a right to sue for damages. Consulting with a knowledgeable lawyer who has handled many podiatry malpractice cases before is the first step in finding out whether you have a viable case.
Problems After Bunion Surgery
One of the most common problems are those from improperly performed bunion surgery, or from bunion surgery which was unnecessary. If after bunion surgery (also called a bunionectomy) you have little or no motion in the great toe, tingling or nerve pain, or if the great toe does not touch the ground any more, or is pointing in the wrong direction, you may have suffered from the result of an error in the planning or the performance of bunion surgery, or both. To find out if you have a claim from bunion surgery, you should discuss this with an experienced podiatry malpractice attorney who had a history of successful settlements and verdicts.
Criteria Your Lawyer Must Prove to Win Damages for You
The law has established precise standards that must be met to prove malpractice in podiatry or any other medical discipline:
- A doctor-patient relationship existed so that the doctor owed the patient a professional duty of care — in other words, a person can’t sue a podiatrist who gave bad advice at a cocktail party.
- The doctor breached that duty by failing to provide reasonably skillful and competent treatment (i.e. was negligent).
- The doctor’s negligence (breach of duty) was the cause of the patient’s injury (e.g. infection or immobility),
- The patient’s injury resulted in real damages, such as medical costs, loss of income, or permanent disability
If your podiatry mistreatment meets all four standards of malpractice, Lawrence M. Karam, PC, will use his well-developed litigation skills to fight tirelessly for your cause.
Posted in: Podiatric Malpractice