surgery on foot gone wrong what kind of lawyer do i need

Full Answer

Can I sue a foot surgeon for medical malpractice?

In order to prove that the surgeon is liable for medical malpractice, the patient suing a foot surgeon must show: The additional injury has led to damages for the plaintiff, such as additional medical bills or lost wages. Should I Contact an Attorney about My Surgical Injury?

Do I need foot surgery?

A foot injury can be the result of a fall, overuse, medical condition, or accident. Depending on how severe the injury or condition is, a foot injury or condition can be completely debilitating. Regardless of the cause of the foot condition or injury, foot surgery may be required.

What does a surgeon’s attorney look for?

Your attorney will look for all the parties who may be liable, meaning legally responsible, for your injuries. Besides the surgeon, you may have a case against the hospital, the pathology lab, a medical device manufacturer, and more.

What are the most common types of foot surgeries?

The most common foot surgeries are: Fusion surgery to remove cartilage from a joint and fuse two or more bones together to prevent them from moving; Metatarsal surgery, which is commonly done to redistribute weight on the ball of a person’s foot;

Can you sue over botched surgery?

Can You Sue a Plastic Surgeon for a Botched Surgery? Botched surgeries involve surgical or procedural errors on the part of the surgeon or medical staff. When such errors are the result of negligence, you can pursue a lawsuit against the plastic surgeon.

What can you do if a surgery goes wrong?

Follow these six steps if something goes wrong:Talk with your surgeon. Be honest and open with your feelings and expect the same from your surgeon. ... Give yourself time to reflect. Be objective. ... Consider a second cosmetic procedure.

What is considered a surgical error?

A surgical error can be defined as an injury caused by a mistake made during a surgical procedure, that is not a known risk of the procedure, that could have been avoided through proper training, protocol and execution of the procedure.

What is the most common type of surgical error?

Common Surgical Errors Unnecessary or inappropriate surgeries. Anesthesia mistakes, such as using too much or not being mindful of a patient's allergies. Cutting an organ or another part of the body by mistake. Instruments and other foreign objects left inside patients.

What is surgical negligence?

A type of medical malpractice, surgical malpractice refers to improper, negligent, or even illegal activity conducted by a surgeon, anesthesiologist, or any other medical professional during surgery that results in injuries to a patient.

Can you sue if you get an infection after surgery?

In many cases of negligence, both the hospital and doctor can be sued for medical malpractice. If you suffer a surgical infection following a procedure, there may be any number of causes. Your body may simply have reacted poorly to the surgery and an infection may follow.

How common are diagnostic errors?

Diagnostic error is one of the most important safety problems in health care today, and inflicts the most harm. Major diagnostic errors are found in 10% to 20% of autopsies, suggesting that 40,000 to 80,000 patients die annually in the U.S. from diagnostic errors.

Should a surgeon be held legally responsible if he removes the wrong body part during surgery?

If the surgeonshowed up to the operation in an unfit state or did not properly follow their brief for it, then they may end up amputating the wrong limb or extremity or removing perfectly healthy organs. In such an instance, the surgeon alone may be held accountable.

Are There Different Types of Foot Surgery?

There are several different types of podiatric surgery that can be performed. The type of foot surgery performed depends on the specific medical condition or injury that it is meant to correct. The most common foot surgeries are:

Can Medical Malpractice Happen during a Foot Surgery?

Absolutely — medical malpractice is a type of personal injury claim allowing a patient to sue a surgeon or other medical professional for the negligence during the surgery. The negligence causes an additional injury to the patient’s foot.

How Can I Prove Medical Malpractice Happened in My Foot Surgery?

In order to prove that the surgeon is liable for medical malpractice, the patient suing a foot surgeon must show:

Should I Contact an Attorney about My Surgical Injury?

Surgical errors can be complex and may form the basis of a medical malpractice lawsuit. It may be beneficial for you to contact a personal injury attorney for help with your potential claim. Your attorney can provide you with guidance for your case.

What are the most serious and disabling podiatric errors?

Surgical Errors. The most serious and disabling podiatric errors are usually made in surgical cases. Even though much foot surgery is performed in the office, foot surgery is just like any other surgery: There are no short-cuts to be taken just because the surgery is performed in the podiatrist’s office. Your podiatrist should take ...

Do you need a second opinion for foot surgery?

As with any other kind of treatment, you have the right to get a second opinion and for most foot surgery the patient should get that second opinion. At times, if the condition or treatment is complicated, the patient may need additional opinions.

What happens when a mistake is made during surgery?

When a mistake occur during surgery, the patient on the operating table can suffer severe and debilitating injuries.

What happens when a doctor fails to give full attention to the patient they are operating on?

Medical mistakes during surgery can occur when a doctor, nurse or hospital staff fail to give their full attention to the patient they are operating on. This can result in the wrong procedure being performed, medical supplies used during the surgery being left inside of the patient, or a failure to promptly and properly react when unanticipated problems arise.

When a surgical error occurs which results in a serious injury which could have been prevented, should the patient and their

When a surgical error occurs which results in a serious injury which could have been prevented, the patient and their family should not be responsible for the damages that are suffered.

What is a failed surgery?

A failed surgery is one in which a surgical error was made. A surgical error is a mistake made during surgery that could have been prevented. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery.

What damages are not liable for a doctor's actions?

Damages might include physical pain, mental anguish, additional medical costs incurred because of the injury, or lost wages due to an inability to work.

What are the causes of surgical errors?

Some examples of surgical errors that cause a failed surgery include: 1 Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. 2 Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it. 3 Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. 4 Anesthesia errors, where either too much or too little anesthesia is used. 5 Injuries to nerves or other internal organs when the surgeon causes damage with their instruments. 6 Infection caused by instruments that were not cleaned or sanitized properly. 7 Unnecessary surgery that a patient did not need and ended up harming them.

What is the damage caused by surgical instruments or tools being left inside of the body after surgery is completed?

Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. Anesthesia errors, where either too much or too little anesthesia is used. Injuries to nerves or other internal organs when the surgeon causes damage with their instruments.

What is the most important piece of evidence for a medical malpractice claim?

A successful medical malpractice claim will be supported by strong evidence. One of the most important pieces of evidence will be the patient’s medical record. It will show their condition before the failed surgery or other alleged negligence, as well as any diagnoses or treatment received.

What is wrong site surgery?

Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it.

How much can a plaintiff get for non-monetary damages?

For example, in Florida a Plaintiff can receive up to $1 million dollars for non-monetary damages.

What does it mean when a doctor is negligent?

A doctor may also be negligent if he fails to adequately inform you of the risks associated with a test, procedure, or surgery or if he fails to adequately advise you of the acceptable alternatives. You should be aware of all risks, benefits, and alternatives to the procedure and give written consent beforehand.

Can you sue for eye surgery?

While you can definitely sue for surgical error, you can’t just sue because the surgery didn’t work out the way you wanted. If your doctor does everything a reasonable physician would do under the same circumstances, and you come out of eye surgery with worse vision than you had going in, well that’s just the way it is.

Can you sue for surgical error?

What it boils down to is whether or not the doctor’s performance met the proper standard of care. While you can definitely sue for surgical error, you can’t just sue because the surgery didn’t work out the way you wanted.

Can you file a medical malpractice claim after surgery?

If you’re suffering from an injury after surgery because your doctor failed to meet an acceptable level of proficiency and professionalism, then it’s possible you have a medical malpractice claim on your hands. Medical malpractice cases can be difficult to win and it’s important to know whether suing for surgical error will be worthwhile.

What happens when a surgeon operates on the wrong part of the body?

Most surgeries are successful, but sometimes things go wrong, and it’s not always directly related to the surgeon. Wrong site surgery occurs when the surgeon operates on the wrong part of the body. Healthy organs may be wrongfully removed, or limbs unnecessarily amputated.

What to do if you were injured by surgical malpractice?

If you were severely injured, or you have a wrongful death case because a family member was fatally injured by surgical malpractice, your attorney will likely help you file a complaint with the medical board in addition to filing a lawsuit.

How to avoid surgical errors?

To avoid surgical errors, the surgeon must: 1 Have the training and experience to perform the procedure safely 2 Communicate effectively with members of the surgical team 3 Perform surgery on the correct body part 4 Account for all surgical tools and sponges before closing

What was Rickie Huitt's medical mistake?

Rickie Huitt was the victim of one medical mistake after another. Huitt was diagnosed with prostate cancer based on the pathologist’s review of tissue samples. In April 2017, Huitt underwent surgery to remove a cancerous prostate.

What is the surgical team?

Most procedures involve a surgical team, consisting of an anesthesiologist, primary surgeon, first surgical assistant, primary operating room nurse, scrub nurse, and circulating nurse, each of whom performs a separate function.

What happens when a patient is misdiagnosed?

Unnecessary surgery happens when a patient is misdiagnosed, when the surgeon is incompetent, when the surgeon misrepresents the need for surgery, or when the surgeon convinces the patient they need more extensive surgery than is medically required.

What are the phases of surgery?

There are three phases of surgery: pre-operative, the surgery itself, and post-operative. At any time during these three phases, surgical errors can occur. To minimize errors, most surgeons stick to a strict routine to cover all the bases.

What are some examples of surgical errors?

Some examples and causes of surgical error include: Performing surgery on the wrong part of the body; Performing unnecessary surgeries; Negligent use of surgical tools; Negligent sanitary preparation for surgery; Misreading or ignoring laboratory results; Failing to follow up with a patient after surgery;

What happens if a surgeon breaches the standard of care?

If a surgeon breaches the standard of care expected of medical professionals and the patient is injured as a result, the surgeon, staff or hospital may be liable for any resulting damages. If you or a loved one has sustained injuries due to a surgical error, you may have the option to collect compensation for your injuries.