QUESTION

i had 2 foot surgeries by a podietrist and he removed a bone and now my foot is tottallly deforemed he wanted to do a third surgery and i refused

Asked on Mar 15th, 2012 on Medical Malpractice - New York
More details to this question:
he put pins in the second one and took them out and it dislocated the toe when he pulled them out he put me back under anesthia to reset it and it came back out of joint again and made the toes very deformed looking very painful wanted to to another suregry toremove another bone and i refused do i have a law suit on pain and suffering or even a law suit...
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1 ANSWER

It would all depend on why you had the foot surgeries to begin with and if the doctor breached the standard of care. Pain and suffering, in most states, is not a cause of action, so you would need to proceed under medical malpractice.  Most state laws make it difficult to pursue a cause of action against a doctor or hospital.  Most attorneys will want to see the medical records relating to this incident prior to determining whether to accept a medical malpractice case.  Thus, I suggest you request the medical records from your doctor's office starting, probably on the first date you ever saw the doctor to present.  This will provide the attorney with information as to why you had the surgery in the first place and for the attorney to see if a breach in the standard of care is apparent.  Also, it is likely that you only have 2.5 years from the date of the first surgery to bring a cause of action.  However, a local attorney can help you determine more accurately. I suggest you request the medical records and start trying to get consultations with local medical malpractice attorneys in your area.  I hope this information helps. Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.   
Answered on Apr 04th, 2012 at 12:21 PM

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