When Should You Start a Medical Malpractice Case?

  • Posted on: Oct 7 2019
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Podiatry malpractice is malpractice by a podiatrist.  Victims of podiatry malpractice can suffer great pain, disfigurement, infections, and even amputation and paralysis. A misdiagnosis or surgical error could result in traumatic injuries that prevent the person from returning to normal activities. A New York podiatry malpractice attorney can review your case, explain podiatry malpractice laws, and give you your options for holding a health care provider liable for negligence and wrongdoing.

When Should You See an Attorney About a Podiatry Malpractice Claim?

As soon as possible! If you suspect that a podiatrist or other podiatric professional caused your injury, now is the time to talk to a malpractice attorney in New York. Your time to file a podiatrist malpractice claim is limited. A delay in seeking legal counsel could hurt your case. 

Podiatrist malpractice cases are complex. You must prove several medical malpractice elements before you can recover compensation for your injuries, losses, and damages. It takes time to investigate the matter, consult with medical experts, and draft the documents to file a malpractice claim. Beginning the process of filing a medical malpractice claim as early as possible can increase your chance of success.

Common Podiatric Mistakes and Errors That Can Lead to a Podiatrist Malpractice Claim

Sadly, numerous errors and mistakes can lead to an injury. Some of the instances that may lead to a podiatrist malpractice claim include:

  • Failure to diagnose a condition
  • Failing to perform routine and recommended diagnostic tests
  • Performing unnecessary surgery or performing surgery on the wrong site
  • Failing to refer a patient to a specialist when necessary
  • Surgical errors, including bunion and hammertoe correction
  • Failing to diagnose an infection 
  • Negligence in treating a person with diabetes
  • Misdiagnosis of a condition
  • Prescribing or using the wrong medications or incorrect medication doses
  • Failing to instruct the patient to wear a boot or use crutches, a wheelchair, or a walker
  • Lack of informed consent

The above list is not a complete list of all matters that could result in podiatry malpractice. If you have been injured after receiving treatment from a podiatrist, talk to an attorney immediately. 

Filing a Podiatrist Malpractice Claim

The first step after investigating your claim will be for your attorney to continue gathering evidence and consulting with a podiatry expert regarding your case. If your attorney believes your case has merit, a claim will be filed against the podiatrist. The podiatrist’s insurance carrier will usually litigate the case regardless of the merits of the case. During the litigation, the case will follow a routine pattern of discovery including depositions of the parties, and physical examinations to verify the injuries. The case will conclude with the court scheduling a jury trial.  Although a settlement before a trial can happen at any time, if it were to happen it usually would be close to the time of trial. Liability insurance carriers typically elect not to negotiate a settlement until the case is about to go to trial.

Contact a New York Podiatry Malpractice Attorney for Help

Podiatrists owe a duty of care to their patients. The doctors are responsible for the care of their patients. If a podiatrist breaches the duty of care and causes an injury to a person, that podiatrist can be held legally liable for damages under the state’s medical malpractice laws.

To learn more about malpractice claims, contact our New York podiatric malpractice attorneys today. If you appear to have a claim,  your attorney begins an investigation to determine who is responsible for your injury and how we can hold that person liable for your damages.

Posted in: Podiatric Malpractice