QUESTION
After almost a year of pain and hardship over the first surgery, do I have any legal recourse for a bunion surgery gone wrong?
Asked on Dec 03rd, 2013 on Personal Injury - Ohio
More details to this question:
I had bunion surgery in January. Doctor wrapped the foot too tight. After 6 months and several return visits with complaints of burning feeling, pain on touch, numbness, bruising and being told it was normal, I went to another doctor. I have not worn anything other than toe shoes since the surgery and those are for a limited time from pain. I had a compressed nerve in the top of my foot and was told the surgery I thought would take care of my problem was a quick fix and would require more surgery for the same thing in the future which I was not told. I just went under more surgery to correct the compressed nerve and redo the bunion surgery correctly.
7 ANSWERS
James Eugene Hasser
To answer your question will take the opinion of a medical expert. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Dec 06th, 2013 at 3:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Medical not legal. Ask your doctor. Hope you understand there is no guarantee with any surgery.
Answered on Dec 06th, 2013 at 7:56 AM
Ronald A. Steinberg
Sure, if you can get either an orthopod or a podiatrist to testify that the surgeon did something wrong or failed to do something right.
Answered on Dec 06th, 2013 at 7:55 AM
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You might have a case to pursue if an expert in foot and ankle surgery looks at the records and x-rays and can say, to a reasonable degree of medical certainty, that your doctor was negligent. The case may be more difficult to prove than you think. You will have to find a lawyer who does plaintiff medical malpractice work to represent you. The doctors win 90% of the medical malpractice cases that go to trial, so your case would have to be really strong to warrant a lawyer getting involved with it.
Answered on Dec 06th, 2013 at 7:55 AM
If you can find a doctor who will agree to testify that the first surgery was done improperly, you have a good case for medical malpractice. Of course, the first doctor will testify that everything was done correctly.
Answered on Dec 06th, 2013 at 7:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of all of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.
Answered on Dec 06th, 2013 at 7:23 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If the subsequent surgery corrects the problem you will have a hard time pursuing a claim as the complications that you had that led to the second surgery may have been within that area that medicine recognizes as possible complications that are not necessarily due to negligence. Unless you have complications or permanent problems after your correction surgery you probably do not have a case. You have 1 year from the date you stopped treating with the first doctor for the complications caused by his surgery to file a lawsuit. I would suggest talking with someone after you have recovered from the recent surgery about your options but be mindful of your time limits.
Answered on Dec 06th, 2013 at 7:21 AM