What to do about malpractice by my surgeon?

UPDATED: Nov 27, 2012

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What to do about malpractice by my surgeon?

About 5 months ago due to a staph infection in my foot, so I had to have a toe amputated. To date the wound has not completely healed and after a recent MRI it was found that a piece of the bone of the toe that was amputated was not fully removed, is now infected; thus I have to have another surgery and start again from scratch. I have already not been medically cleared for full-time work for the last 4 months and now it seems as that will start all over again. Do I have any legal recourse against the surgeon who performed the original operation?

Asked on November 27, 2012 under Malpractice Law, Connecticut


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

You might have some legal recourse against your surgeon, but this is entirely dependent on the circumstances of your case.  I am sure there are more facts that a malpractice lawyer and medical expert would need to know -- such as: why did you have a staph infection?  Do you have other illnesses such as diabetes?  How long had you suffered from the infection?  Did the surgeon know that the infection reached the bone?  Did the surgeon have permission to remove more of your foot or toe?  Which toe is this?  Was the surgeon trying to preserve as much function for your foot as possible?  Was there a question about the circulation to your foot?  You can see that this matter can be very complicated.

I suggest that you talk with a malpractice lawyer in your area.  If a second surgery completely cures your problems, I suspect they will advise against taking legal action.  However, you cannot know at this point what your future holds.  Malpractice lawyers do not charge for consultations.  Call one today.

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