Can I sue my podiatrist for cutting on the wrong part of my foot?

He was suppose to due exploratory surgery on my diabetic ulcer. Instead he cut open and put another hole in my foot. He never touched my diabetic ulcer. Should I speak with a malpractice attorney? I’m in Phoenix, AZ.

Asked on October 22, 2011 under Malpractice Law, Arizona


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you suffered injury as a result, if you took time off of work to have what you thought would be explaratory surgery on your ulcer, if you now have recovery time that is longer than would have otherwise been, I say the best option you have is to hire a malpractice attorney to attempt to settle this without going to court. What ever you do, please contact the state medical board after you talk to your lawyer and while this all going on, because you certainly need to let the medical board know this person pretty much did not do what you went to him for and that he injured you by placing a hole in your foot without your prior consent. This is especially important if you were sedated or placed under full anesthesia.

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