On September 20, 2013, an Arkansas woman filed a medical malpractice lawsuit in Texas against her former podiatrist, claiming that he negligently performed surgery on her right foot that left her with painful and permanent injuries. The podiatry medical malpractice lawsuit alleges that the podiatrist failed to disclose to the plaintiff the risks associated with the surgical procedures that he performed on her foot. The lawsuit alleges, “Defendant failed to disclose risks and hazards that would have influenced a reasonable person in making a decision to give or withhold consent for the procedure.”
The woman began experiencing a burning sensation between her toes on her right foot in 2007 that occurred when she walked. She sought treatment from the Texas podiatrist, who performed several surgeries on her right foot beginning in 2011. The plaintiff alleges that she was advised that the surgeries would involve minimal incisions that would allow her a fast recovery. Instead, the malpractice lawsuit alleges, the bones in the plaintiff’s right foot failed to properly heal that required further surgeries performed by other physicians.
The medical malpractice case against the podiatrist alleges that he was negligent by failing to attempt non-surgical treatment before resorting to unnecessary surgical procedures; by failing to use ordinary care in performing the surgical procedures that resulted in the permanent misalignment of the plaintiff’s right foot; by failing to adequately disclose to the plaintiff the risks of the surgical procedures; by failing to diagnose the plaintiff’s abnormal bone healing following the surgical procedures; and, by failing to properly treat the abnormal bone healing in a timely fashion.
The plaintiff’s medical malpractice claim against the podiatrist seeks compensation for her pain and suffering, the disfigurement of her right foot, her medical expenses, and for punitive damages.
Other Claims Of Podiatric Malpractice
A 66-year-old Ohio podiatrist who had been licensed to practice podiatry in Ohio since 1973 had 8 active medical malpractice cases pending against him as of July 2012 (four of the malpractice claims involved complications from ankle surgeries that resulted in amputations and one involved a patient’s death). Since 1991, the Ohio podiatrist had been named a medical malpractice defendant in 12 other malpractice lawsuits (five were settled out of court, four were dismissed by the court, and three resulted in jury verdicts in favor of the Ohio podiatrist). Of the 21 podiatric malpractice lawsuits filed against him, 11 had been filed since 2009.
The Ohio podiatrist never had disciplinary action taken against him by the State Medical Board of Ohio (the State Medical Board of Ohio must be informed if a doctor is the subject of three or more claims of medical malpractice within the previous five years, each of which resulted in a settlement or judgment of at least $25,000).
Podiatrist Malpractice Statistics
According to data from the National Practitioner Data Bank (“NPDB”), there were 5,698 medical malpractice reports made to the NPDB regarding podiatrists in the United States for the period from 1990 through 2004; there were 2,769 malpractice payment reports made to the NPDB regarding podiatrists in the United States for the period from 1990 through 1996; only 2% of the total malpractice payment reports made to the NPDB involved podiatrists during the period from 1990 through 1996; and, 227 malpractice reports were made against 160 podiatrists and podiatric-related practitioners in 2003.
If you or a loved one may have a medical malpractice claim against a podiatrist, you should promptly seek the legal advice of a local medical malpractice attorney in your state who may investigate your podiatric malpractice claim for you and represent you in a podiatrist malpractice case, if appropriate.
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