What are my rights if my doctor removed my stiches prematurely and now my foot is infected?
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What are my rights if my doctor removed my stiches prematurely and now my foot is infected?
My stitches on the bottom of my left foot were removed by my doctor 6 days after they were put in and the wound opened up while he was taking them out. Then he placed tape and “glue” to see if that will hold it. Told me to come in on weds and they were removed Friday. Sunday comes around and my foot felt it was open. I go in Monday ( 2 days after removal) then they got restitched by the same doctor. Checked my foot weds night(2days later) and had to go to the ER because it was infected. Now I have to go see a foot specialist and minimum recovery time is 3 weeks plus rehab. The doctor admitted he was at fault. Is there enough for a case?
Asked on January 19, 2015 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, you have a medical malpractice case.
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).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.
When you complete your medical treatment with the foot specialist and rehab, and are released by the specialist or are declared by the specialist 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 any wage loss. Your claim filed with the first doctor's malpractice insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury / treatment, and will be used to determine compensation for pain and suffering which is an amount in addition to your medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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