QUESTION
Underwent operation for bunion/hammertoe, but podiatrist didn't make any surgical corrections to foot. Bone structure is the same. Do I have a case?
Asked on Aug 17th, 2022 on Medical Malpractice - Michigan
More details to this question:
My podiatrist operated on my foot in January 2022 to correct a bunion and hammertoe. After several weeks of healing my foot looked the same to me. I asked for my x-rays showing before and after surgery, then took them to another podiatrist to get their opinion on the outcome. The 2nd podiatrist could see nothing that was done & stated I would need another operation to correct the issue. The first doctor charged insurance for the surgery that was not actually performed. I am 73 & do not believe I should have to undergo another operation. Do I have a case against this podiatrist for neglect, fraud, misrepresentation, or anything?
1 ANSWER
Insurance Law Attorney serving Bloomfield Hills, MI
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Schefman & Associates
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You may have a claim, but the value of the case is not worth pursuing. The damages would be limited to the need to go for a second surgery and possibly the expense of the second procedure if it was not a covered event of your health insurance. However there does not appear to be any damages resulting other than financial. So the cost of pursuing such a case would not be warranted.
Answered on Aug 22nd, 2022 at 7:23 AM