Why Proving Podiatric Malpractice Is Not Easy
- Posted on: Aug 8 2021
Claims of podiatric malpractice, like all claims of medical malpractice, are harder to prove than personal injury claims resulting from other causes, such as car accidents or slip and falls. The following content is designed to show why this is true, and to demonstrate why it is essential to have an experienced podiatric malpractice attorney to fight for you if you have suffered long-term harm due to the negligence of your podiatrist.
Types of Podiatric Negligence
You need a talented podiatric malpractice attorney to see you through if you have endured physical, emotional, and/or financial pain due to one of the following:
- Unnecessary or botched surgical procedure(s)
- Inadequate treatment
- Faulty administration of anesthesia or medication
- Failure to diagnose a malignancy
- Long-term nerve damage
- Improper follow-up care after surgery
If you believe you are a victim of podiatric malpractice, Lawrence M. Karam, PC of Dental & Podiatry Malpractice Lawyers of New York is the person to see. Once you contact him, you will realize that you are in the hands of a consummate professional, a lawyer who has handled cases similar to yours for decades and who has a track record of success.
Requirements to Prove Podiatric Malpractice
It is important to remember that in our system of justice the party who brings this kind of a lawsuit has the burden of proving the case. Therefore, your attorney has to prove the following:
- A doctor-patient relationship existed between you and your podiatrist (i.e. you were under treatment with this doctor, not asking questions of an acquaintance at a party)
- The doctor was negligent, not measuring up to a reasonable medical standard of care
- Your podiatrist’s negligence caused the harm you suffered (not a pre-existing condition)
- The injury you suffered resulted in real damages, such as physical pain or lost income
Bear in mind that the law does not assume that your unsuccessful outcome is your podiatrist’s fault. Your attorney must prove that your doctor did not take the actions a reasonable podiatrist would take in similar circumstances. Only a well-respected medical expert in the field can provide this scientific evidence under oath during litigation.
Obstacles to Proving Podiatric Malpractice
Not only is substantiating your podiatrist’s liability far from easy; it is time-consuming and expensive. Fortunately for you, when you contact our office, we will evaluate your case free of charge and will work with you on a contingency basis. This means that you will not be charged any attorneys’ fees until we win you damages.
Another obstacle that may arise is that there may be differing views on medical diagnoses and treatment. Since the burden of proof is on the party who brings the lawsuit, your podiatric malpractice attorney must be certain of the facts and extremely persuasive when presenting your case in court.
Typically, unless your injury is catastrophic (such as an amputation), resulting in permanent disability, the court may be inclined to side with your podiatrist, considering that the doctor was likely not ill-intentioned. The injury your podiatrist caused may therefore be viewed, in spite of your anguish, as an unavoidable mistake.
To recap, the obstacles to winning a podiatric malpractice case are:
- The substantial burden of proof imposed by law
- The scientific basis on which your claim must be based
- The expense of pursuing a claim in terms of hours spent in research and investigation, and the cost of soliciting reliable witnesses and expert testimony
- The possibility that thorough investigation may show that although your podiatrist may have been negligent, that negligence was not the cause of your injury
- The fact that the judge or jury may tend to side with the healthcare provider
No Matter, Contact Our Accomplished Podiatric Malpractice Attorney Promptly
In spite of all the obstacles to winning a podiatric malpractice case, having Lawrence Karam on your team will give you the best possible chance of a positive verdict. He has the in-depth knowledge of the field that comes with years of experience in this area of the law. After so many years in this branch of legal representation, he has well-developed litigation strategies. After all, he would not take you on as a client if he didn’t expect to win.
Posted in: Podiatric Malpractice