When podiatrists perform bunion surgery, they often use a procedure called an osteotomy, which involves cutting and realigning bones in the foot. This surgical technique aims to correct the misalignment that causes bunions, thereby restoring proper foot function and relieving pain. However, when an osteotomy fails, patients can face severe complications, ongoing pain, and even worse deformities than they had before surgery.

For 25 years, the Law Firm of Lawrence M. Karam, P.C. has represented New York City patients who have suffered from failed osteotomies. He understands the physical, emotional, and financial burden these surgical failures place on patients and their loved ones. If you have experienced complications from a failed osteotomy, call us today or fill out our online form for a free consultation to discuss your legal options.

Common Causes of Osteotomy Failure

Failed osteotomies often result from preventable errors in surgical planning, execution, or post-operative care. Here are some of the most frequent causes we have seen when handling these cases:

  • Poor Pre-Surgical Planning – Your podiatrist must carefully evaluate your foot structure, take x-rays for bone density and bone positioning, and overall health before deciding on the specific type of osteotomy to perform. Choosing the wrong surgical approach can lead to failure.
  • Improper Surgical Technique – During the procedure, the podiatrist must make precise cuts and correctly reposition the bones. Even minor errors in angle or placement can result in serious complications.
  • Inadequate Fixation – The bones must be properly stabilized and this is usually accomplished with surgical hardware to allow proper healing and in the new, corrected alignment. Loose or improperly placed screws can lead to nonunion, where the bones fail to grow back together, or where the bones move and heal in the wrong position making the situation worse than before surgery.
  • Post-Surgical Care Issues – Following surgery, Patients need appropriate immobilization and a carefully managed return to weight-bearing activities. Poor post-operative protocols or inadequate monitoring can compromise healing.  X-rays are an important tool in the postoperative management.
  • Infection Management – While some post-surgical infections can occur even with proper care, failing to recognize and treat infection quickly can lead to serious complications and osteotomy failure.

Recognizing Signs of Failed Osteotomy

After bunion surgery, some discomfort is normal during the healing process. However, certain symptoms may indicate that your osteotomy has failed. Early recognition of the following signs can make a significant difference in your recovery:

  • Persistent or Worsening Pain – When pain continues beyond the typical recovery period or intensifies over time, it may signal a failed procedure.
  • Deformity or Misalignment – Your toe may drift into an unnatural position, either reverting to its original bunion state or developing a new deformity called hallux varus, where the big toe points away from the other toes.
  • Mobility Problems – A failed osteotomy can limit your range of motion, making it difficult to bend your toe or walk normally.
  • Delayed or Improper Healing – The surgical site may show signs of nonunion (where bones fail to join together) or malunion (where bones heal in the wrong position).
  • Chronic Swelling – While some swelling is expected after surgery, persistent swelling that doesn’t improve with time could indicate a problem.

If you notice any of these signs, contact our team as soon as possible so we can help you determine whether you might be eligible to file a claim.

Patient Rights After a Failed Osteotomy

A patient in New York City and the surrounding towns who has experienced an osteotomy failure, you have specific legal rights. These include:

  • Access to Medical Records – You have the right to obtain complete copies of your medical records, including surgical notes, X-rays, and post-operative reports. These documents can prove crucial in establishing the cause of the surgical failure.
  • Second Opinion – You have the right to seek evaluation from another podiatrist. A second opinion can help determine whether your complications resulted from medical negligence.
  • Legal Representation – You have the right to seek legal counsel to protect your interests. New York law allows you to pursue compensation when podiatric negligence leads to harm.
  • Time for Action – While New York’s statute of limitations provides a 30-month window for medical malpractice lawsuits, with some important exceptions, waiting too long can make it harder to gather evidence and build a strong case.
  • Fair Compensation – When podiatric negligence causes an osteotomy to fail, you may deserve compensation for additional medical treatments, lost income, and pain and suffering.

How The Law Firm of Lawrence M. Karam, P.C. Can Help

The Law Firm of Lawrence M. Karam, P.C. has extensive experience representing clients with failed osteotomies throughout New York City. Our approach includes:

  • Working with Medical Experts – We collaborate with leading podiatric specialists who can evaluate your case and testify about proper surgical standards.
  • Thorough Investigation – We will carefully review your medical records, surgical documentation, and post-operative care notes to identify where negligence may have occurred.
  • Insurance Negotiations – We understand how insurance companies handle podiatric malpractice claims and will fight for the full compensation you deserve.
  • Trial Preparation – While many cases settle out of court, we prepare every case as if it will go to trial, ensuring we maintain a strong negotiating position.
  • Personal Attention – Larry Karam works directly with each client, providing regular updates and responding promptly to questions and concerns.

Take Action Now to Protect Your Rights

A failed osteotomy can lead to years of pain, additional surgeries, and significant medical expenses. Although New York law protects your right to pursue compensation for these and other losses, the process can be challenging and confusing without strong legal representation. The Law Firm of Lawrence M. Karam, P.C. understands the challenges you face and will work tirelessly to help you receive the compensation you deserve.

Don’t wait until it’s too late to seek legal help. In addition to the legal deadlines, it is crucial to remember that evidence can disappear, and witnesses’ memories can fade over time. Enlisting the services of our experienced team as soon as possible can help ensure your claim remains strong. Contact The Law Firm of Lawrence M. Karam, P.C. today for a free consultation. Let us put our 25 years of experience to work for you.