Visitor Question

New doctor said old surgeon screwed up my foot surgery…

Submitted By: Dawn (MN)

I had severe arthritis in my big toe joint. I went to the foot surgeon and he had to go in and cut a wafer of my bone out and re-align my toe joint. The problem is, he cut too much of the bone out and now my toe was sticking about an inch off of the ground. I had to go to a different Surgeon and it had to be fixed with another surgery.

The new doctor told me my original foot surgeon really screwed things up. He had to go in and put plates in, and take bone out of my hip to put back into my toe. My toe will never bend again and it will always stick up off the ground. I have a hard time finding shoes to wear now.

My new surgeon said he will give me anything I need, but would suggest I go after the original surgeon. Does it sound like I have a case?

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.


Dear Dawn,

I’m not exactly sure what your question is. Are you venting about your unfortunate experience with your previous doctor, or asking about whether or not you should “go after” the doctor you believe unnecessarily harmed you and committed malpractice?

If you are considering filing a claim you should consider yourself fortunate your new doctor suggested you go after your previous doctor. If he’s convinced your previous doctor committed

malpractice, let’s hope he will agree to support his contention with a medical narrative. Doing so will greatly support any medical malpractice claim you may be thinking of filing.

Your best bet would be to seek out several attorneys in your area. Most do not charge for initial office consultations. Before making appointments to see attorneys be sure to gather copies of all your medical records, including those from your previous and current doctor. Also gather copies of all receipts for medications and related expenses.

If you had to miss work, be sure to ask your employer for written verification of the days you missed work and the amount of wages you lost.

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.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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