Visitor Question

Foot surgery gone wrong…

Submitted By: Nick (Reedsburg, WI)

I am a 43 year old male from WI. I had heel spur plantar fascia surgery on Jan 15, 2015.

My surgeon assured me that 29 of 30 patient surgeries per year end in relief or success.

After my surgery, he told me and my wife that he had a hell of a time and needed to perform multiple cuts, when usually he only makes a 1 cm incision.

For mine it required a 4 cm incision.

To make a long story short, I can confidently say that this surgery has made my foot 20x worse than prior to surgery! If I could go back in time I would have never had it done. I can’t believe that I had to pay hard earned money for this procedure, only to end up worse.

Do I have a claim for malpractice? My day to day life walking is a nightmare now because of this surgery. What can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nick,

Lets take a look at the definition of medical malpractice…

Medical malpractice occurs when a physician (or other health care professional) fails to provide appropriate treatment for a patient, and that failure by the physician falls beneath the medical standard of care for other physicians in the medical community. Moreover, as a result of that failure, a patient was injured.

You have a long way to go before you know whether or not you have the basis of a medical malpractice claim.

To begin the journey will require expert medical opinions verifying the doctor’s treatment was inappropriate, and that “but for” his treatment you would not have had to needlessly suffer. Finding doctors who practice in the same community who will agree to testify against each other is very difficult.

Med mal claims are never easy, and always hard fought by doctors. To admit to having committed malpractice would likely adversely affect the doctor’s career. Moreover, his medical malpractice insurance rates would likely skyrocket.

If you want to pursue a malpractice claim you will need legal representation. These claims should NEVER be handled without an attorney. Make copies of your medical records and seek appointments with several med mal attorneys in your area. Most have websites which list the types of cases they have settled or won in court for their clients.

Most medical malpractice attorneys do not charge for initial office consultations. Visit with several. After doing so you will have a much better idea about the viability of your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 16, 2015

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