Should I contact a lawyer for nerve damage from unnecessary foot surgery?

Question Details:

I had surgery for what was supposed to be a fatty mass in my foot. Prior to surgery the Dr ordered an X-ray, ultrasound, and MRI. The doctor found nothing on all 3 tests but because he could feel the lump he decided it should come out. When I came to from surgery the doctor said that I actually had a tear in my planterfascia tendon (which should have been found on MRI) and he's sorry he missed it. During the surgery a nerve was cut and now I'm left with sever pain as well as total numbness of my toes. If the tear was properly diagnosed I would have never had surgery to begin with. I live in Millville, NJ.

Asked 2/1/2012 under Medical Malpractice | 124 View(s) | More Legal Topics

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Medical Malpractice Law Answers

It would be advisable to speak with a medical malpractice attorney. 

Prior to filing a lawsuit against the doctor for negligence, it would be advisable to obtain a second opinion.  Obtain your medical bills, medical reports and documentation of any wage loss.  It may be possible to settle the case with the doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier would include the medical bills, medical reports, and documentation of  any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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