Over a year ago, I scheduled an appointment with my Orthopedic Surgeon, who examined my left foot/ankle and ordered an MRI. The diagnosis was “Tenosynovitis”. Options/Treatment included surgical excision & Physical therapy. My Orthopedic Surgeon drained the fluid from my left foot/ankle. Within a week, the lump was back causing continuous pain, especially when I wore shoes or sneakers.
My Orthopedic Surgeon recommended I schedule an appointment with the Foot & Ankle Surgeon. The Foot/Ankle Surgeon drained my foot as well & scheduled a follow-up appointent. At the follow-up appt, we discussed surgery. My surgery was a short stay. My my daughter accompanied me to drive me home as well as to be there when the surgeon came out of surgery.
The surgeon explained to my daughter that as soon as he surgically opened the area, the fluid-like structure burst.
So he said while he was in there he shaved the bone. When I woke up from surgery, I was told everything went well.
Approximately 8 hrs after my surgery, when I got out of bed there was a trail of blood. I called the surgeon & his PA-C said this bleeding was normal. My daughter & I were concerned, so my daughter drove me to the ER where I was in excruciating pain, and my left foot/ankle was still bleeding. One of the hospital on-call Orthopedic PA-Cs looked at my left foot/ankle and said, “you need more sutures, it was a bad stitch up job and now you are going to have one ugly scar.”
When I had my post-op follow-up with my foot surgeon, he said it was healing well. I told him what happened. He said stay off your feet, etc. Over a year later, the scar is red to the core. In addition, I have continuous pain accompanied with a “pins and needles” feeling.
Is this medical malpractice? This scar will be there forever and I don’t know what to do. Can I get the surgeon to pay to have the scar removed since he did a bad job? Thanks.
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.
It looks like you may have enough evidence to support a personal injury medical malpractice case. From the facts you present it appears you were not warned you would suffer a scar, especially one which is still “red to the core”.
Remember, in the State of Pennsylvania there is a 2 years Statute of Limitations period for medical malpractice and most other personal injury lawsuits. This means if you don’t settle your claim or file suit within 2 years from the date of your injury, you will forever lose your right to sue the doctor or doctors for medical malpractice.
Medical malpractice lawsuits are vigorously defended. The doctors’ livelihoods and reputations are at risk when they are accused of medical malpractice. And malpractice lawsuits are public records, which are often picked up by websites which rate doctors.
When a medical malpractice lawsuit is lost, the jury verdicts can be substantial. Those are amounts the insurance companies don’t want to pay. So when one of their insured doctors is sued, they usually hire the best medical malpractice defense lawyers around.
This shouldn’t intimidate you. Instead this should help you to be sure you hire the best personal injury medical malpractice attorneys you can find as well. You can find the best by going on line, asking other attorneys, and even by going to your local county courthouse and researching medical malpractice lawsuit verdicts.
The lawsuits have the attorneys’ names at the end of each document filed in each lawsuit. In addition to their names you will find their addresses, telephone numbers and email addresses.
Consult with several of them. You will not be charged for initial office consultations. You can be confident personal injury medical malpractice lawyers will always welcome a substantive case like yours.
Learn more here: Lawsuits for Surgical Malpractice
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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