Do I have a malpractice case?
UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a malpractice case?
I had bunion removal surgery in Nov.2016. I was off work for 6-8 weeks for recovery. Then when I returned to work my foot was hurting the more I walked on it. I missed several days due to pain and eventually lost my job. Just recently I saw 2 podiatrist from a different clinic. The X-rays showed that the doctor that performed the surgery had screwed screws into the joint of my toe, and they agreed that this was what was causing pain. My left foot is now messed up because I have been compensating on it for pain. I went to see doctor that performed the surgery to talk about it but they denied me because I owe them $500 for surgery. Do I have a case?
Asked on August 30, 2018 under Malpractice Law, Arkansas
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Medical malpractice is negligence, which is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the surgeon, it may be possible to settle the case with his/her malpractice insurance carrier. When you complete your medical treatment and are released by your current podiatrist or are declared to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.
Your claim filed with the surgeon's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the surgeon's 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 a lawsuit for negligence against the surgeon.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.