What Is the Duty of Care for New York Podiatric Surgeons?
- Posted on: Aug 20 2019
Many, but not all, podiatrists are foot surgeons and are trained to perform surgery on the lower leg, specifically the areas surrounding the feet and ankles. Maintaining the health of our feet and ankles is essential. If something goes wrong, we could lose our ability to walk normally or walk at all. Unfortunately, negligence and errors by New York podiatric surgeons can also cause serious injuries, infections, and life-altering conditions.
The state of New York regulates the practice of podiatry. If you have a question about the duty of care provided to you by a podiatric surgeon, it is best to consult with a New York podiatry malpractice attorney who understands the state’s regulations regarding podiatrists and the laws related to medical malpractice.
What is a Duty of Care?
A medical provider, including a podiatric surgeon, owes a duty of care to each patient to provide services that meet the acceptable podiatric standards of care. Failing to follow acceptable podiatric standards of care can be a breach of the duty of care.
As attorneys, our job is to enlist the assistance of podiatric experts in order to determine if, in a particular case, the standards of care were met and if they were not met were those failures a contributing factor in the surgical outcome.
What was the Medical Duty of Care for My Podiatric Surgeon?
To begin, we request copies of all records and x-rays from your podiatric surgeon. We then locate a medical expert to review and analyze all records. At times, we will also request that the expert examine you.
Proving a Breach of the Medical Standard of Care
The expert must be able to explain how your podiatric surgeon’s actions deviated from the acceptable standards of care for your case and how that deviation caused your injury. Proving that a duty of care existed and what the medical standard of care should have been in your case is not sufficient to prove malpractice. We must tie the breach of duty directly to your injury.
To summarize, you must prove each of the following elements in a podiatric surgeon medical malpractice claim to recover compensation for your injuries and damages:
- Podiatrist-patient relationship — Typically, copies of initial paperwork with the podiatrist’s office and consent to treatment prove this element;
- Duty of Care — All podiatric surgeons have a duty of care to their patients;
- Breach of Care — Must establish a medical standard of care using a podiatric expert;
- Causation — Must prove that the breach of care resulted in harm to the patient, typically through expert testimony; and,
- Damages — Must prove that the injury resulted in damages, such as physical injuries and financial damages.
Contact a New York Podiatry Malpractice Attorney for Help
As you can see, a podiatric surgeon medical malpractice claim relies heavily on the assistance from a podiatric experts. A New York podiatry malpractice attorney understands the steps necessary to locate and retain medical experts, the legal elements they must prove, and the evidence needed for each legal element. Therefore, consulting an experienced New York podiatry malpractice attorney is your first step in holding a surgeon liable for damages in a malpractice claim.
Posted in: Podiatric Malpractice