What damages can I win as a victim of podiatry malpractice?

  • Posted on: Oct 20 2021
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It is hard enough to suffer the physical and emotional consequences of podiatry malpractice without having to cope with its financial repercussions. Dealing with physical pain and emotional trauma requires resources you may not have. That’s why it’s important to consult with an experienced podiatry malpractice attorney to understand how a successful lawsuit will provide you with the funds you need to restabilize your life and the satisfaction of knowing that justice has been served.

If you have been harmed by a podiatrist’s negligence and are uncertain about where to turn for help, contact Lawrence M. Karam, PC, lead podiatry malpractice attorney at Dental & Podiatry Malpractice of New York. He has the extensive experience, the skill set, and the compassion your case requires. He will evaluate your case at no cost and charge you no attorneys’ fees until he obtains wins damages for you.

The compensation you will potentially receive will be determined by the nature of the injury you suffered and what steps have been taken to treat it or to accommodate you as a result.

Common Kinds of Podiatry Malpractice

Statistics compiled by the National Institutes of Health show that podiatrists are most commonly sued for malpractice when patients are left with persistent pain or foot deformity after surgery, claiming that their podiatrist either failed to treat them properly or performed an inappropriate surgical procedure. Unnecessary surgery can, and too often does, cause persistent pain or permanent deformity.

Other significant reasons for podiatric malpractice claims include:

  • Failure to diagnose a serious infection or disease condition (such as cancer) can lead to life-threatening progression of either.
  • Misdiagnosis leading to unnecessary foot or ankle surgery that, at best, is painful, time-consuming, and expensive, and at worst is permanently disabling
  • Lack of informed consent when a podiatrist fails to explain the benefits and drawbacks of potential treatment or surgery so that the patient can make an informed decision 
  • Anesthesia errors that may result in emergency health complications (e.g. strokes, allergic reactions, or long-term nerve damage)
  • Prescription errors that can result in troubling side effects or even life-threatening anaphylactic reactions
  • Surgical mistakes, such as improper sterilization that leads to infection, operating on the wrong ankle/foot/toe, or severing a nerve, ligament, or tendon
  • Inadequate monitoring during a surgical procedure or during anesthesia administration 
  • Inadequate postsurgical care including failure to immobilize a patient to prevent further injury, inadequate supervision of physical therapy, neglecting to inform a patient of necessary home care (especially postoperatively)
  • Failure to refer a patient to a specialist when the podiatrist is clearly out of her/his depth yet fails to refer the patient to a neurologist, rheumatologist, orthopedic surgeon or another appropriate specialist 

How will my compensation for podiatry malpractice be determined?

The compensation you can receive if your podiatry malpractice attorney proves your case will depend on many factors, including:

  • Your earning capacity and how it was affected by the podiatry injury
  • The degree to which your injury has affected your personal life (relationships, recreational pursuits, exercise routine, enjoyment of life) 
  • The severity of your injury 
  • Your medical prognosis 

What are the damages I can win if my lawyer proves podiatric malpractice?

You should remember that our practice has a track record of positive outcomes so if we take your case you can be hopeful that you may receive resources to pay or reimburse you for:

  • Medical expenses related to your injury and any complications that result from it, including costs associated with corrective surgeries and physical therapy
  • Lost income, now and in the future due to the injury
  • Other injury-related costs, e.g. cost of assistive devices, alterations to your home to accommodate disability, replacement services (e.g. housekeeping, transportation) 
  • Physical pain, emotional suffering, diminished quality of life 

It is even possible, in rare cases, if your podiatrist’s misconduct was especially egregious, that the court may award you punitive damages as well.

Contact Our Experienced Podiatry Malpractice Attorney Today to Find Out Your Options

Posted in: Podiatric Malpractice