If you have undergone podiatric surgery in New York and now feel that you were blindsided, you owe it to yourself to contact Lawrence M. Karam, PC, one of the most skilled podiatric malpractice attorneys in the state. Larry has an outstanding record of successful outcomes and will charge you nothing for a consultation during which he will determine whether you have a viable case of podiatric malpractice. If you become his client, he will charge you no attorney fees until he recovers damages.
Factors That Affect Podiatric Malpractice Cases
Many patients are not adequately prepared for foot surgery by their podiatrists so when they consent to a procedure they may not really be providing “informed consent.” Whether this lack of preparation can be pursued in terms of a malpractice lawsuit depends on the specifics of preparation compared to the actual results in terms of: type of foot surgery, type of anesthesia, medication administered, length of recovery, and severity of negative consequences.
The most important factor is whether your podiatrist followed proper protocol and normal professional standards in preparing you for foot surgery. Because of the complexities involved in proving negligence in court, you need the services of an astute podiatric malpractice attorney to gather the evidence to make your case.
Common Types of Foot Surgery That May Have Negative Results
In too many cases, patients who have had foot surgery feel cheated and betrayed, their hopes of being pain-free, having improved mobility, and/or more attractive feet dashed. Not all elevated expectations are the fault of negligent podiatrists, however. That’s why you need a sharp podiatric malpractice lawyer to analyze your case and decide whether it’s worth pursuing.
Common foot surgeries include:
- Metatarsal foot surgery
- Hammertoe surgery
- Plantar fasciitis foot surgery
- Achilles tendon surgery
- Morton’s neuroma surgery
- Cosmetic foot surgeries (e.g. Cinderella foot surgery)
If you experience any of the following postsurgical problems that your doctor did not prepare you for, you may be a victim of podiatric malpractice:
- Unrelieved or worse pain (after recovery)
- Serious or undiagnosed infection
- Swelling of the affected area
- Malunion of the bones
- Loss of mobility
- Remaining or new deformity of the toe or foot
- Inability to wear desired shoes that your podiatrist said would now fit
You may be entitled to substantial compensation if your podiatrist’s failure to prepare you
for the possible consequence you are now coping with is deemed to be a form of podiatric malpractice.
What Should You Be Informed About Before You Give “Informed Consent”
In order for you to be able to give informed consent, your podiatrist should take the time to explain:
- That the decision to have foot surgery is voluntary (unless a medical emergency)
- The risks of the surgery, both the general risks with foot surgery and the specific risks associated with the specific procedures being planned for the surgery
- Precisely what will be done during the surgery, including whether surgical hardware will be used and whether you will need an assistive device (e.g. crutches) after the surgery
- What type of anesthesia will be used
- The length and nature of the recovery period
- Whether pain medication will be required after the procedure
- The alternative treatment options (surgical and non-surgical) and the risks and benefits for each of those alternatives
Notably, this information must be given to a patient who is awake and mentally competent or to a legal surrogate.
Your Podiatrist’s Failure to Prepare You for Foot Surgery May Constitute Malpractice
Your podiatrist’s conduct may have been negligent if the doctor deviated from standard protocol by:
- Coercing you into having the surgery
- Not mentioning all the risks involved in the procedure
- Not mentioning the alternative treatment options
- Greatly underestimating the pain level typically associated with the operation
- Presenting you with unrealistic expectations relative to the results of the surgery
- Understating average recovery time
- Failing to correctly answer your questions about limited mobility, pain level, etc.
Contact Our Experienced Podiatric Malpractice Attorney Today
In order to prove your case, Larry Karam will be sure to have an expert witness who can attest to the fact that your podiatrist failed to properly prepare you for foot surgery. Contact him now so he can begin creating a winning strategy to get you the damages you deserve for your medical costs, loss of income, and pain and suffering.