What can i do if I had surgery on my big right toe over 2 months ago but am in worse shape now than before the surgery?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can i do if I had surgery on my big right toe over 2 months ago but am in worse shape now than before the surgery?

The podiatrist I see suggested that he perform the surgery by cutting into the skin on my right toe and filing down the bone spurs, since I was in so much pain. I agreed with him and had the surgery. Well, my right toe and all the way to my ankle on that side are causing me extreme pain and I cannot keep my balance. I have fibromyalgia, osteoarthritis and rheumatoid arthritis, which my doctor was aware of. He said the surgery will remove or relieve the pain.I told him last week I am in more pain now than before. He said he doesn’t understand “why”. The only thing he can think of is that it is due to my other problems and he doesn’t know if it will ever get better.

Asked on May 20, 2014 under Malpractice Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Medical malpractice is negligence.  Negligence 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).

It would be advisable to be examined by another podiatrist and to have that second podiatrist review your medical records.  If that second podiatrist writes a report supporting a medical malpractice claim, proceed with the case.  It may be possible to settle  the case with the first podiatrist's malpractice insurance carrier without filing a lawsuit.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical records and the report supporting a malpractice claim from the second podiatrist.  Your claim should also include documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be 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 first podiatrist'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 first podiatrist.  If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the first podiatrist 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption