In February 2009 I realized I had warts on the bottom of my foot. I went to my family doctor who referred me to a foot specialist locally. After going to her for months. (I started in March 2009 until July 2009.) It was only getting worse. She told me I'd have to have them removed threw surgery with lasers. She assured me it would be a one day thing and it would clear them up completely.
She also told me I would be out of work for one day because it was "a new procedure". I was delighted because what I read online said I should be out of work for about a month. (Yes I did research it but she continued to say it was something different than the things other people do.)
My first surgery date was set up and I was suppose to get a call about pre-admission testing. I called her office the day before the surgery and asked why I never received a call. She told me that she messed up my phone number in the system and would have to re-schedule my surgery. It was re-scheduled for two weeks later. I went in for my surgery and everything seemed fine. I was on pain medication so walking out of the hospital was no problem. (She refused to give me crutches when my mother requested them - saying that I didn't need them.)
I called my work each day and told them "I know I'm suppose to return but I'm in a great deal of pain and I don't think I can make it in today." which, thankfully, my work was very accepting of and let me take off. At my week check up she told me that I would be getting a letter in the mail for the billing of the surgery because they forgot to check it threw my insurance before the surgery. She explained that the day after the surgery they remembered and put it in as an "emergency surgery" and my insurance would cover it so I should just ignore the bill. (My insurance did end up covering it.) She also asked how long I wanted off work. When I asked her why I wasn't returning like I should she blew off the question without answering.
In December I saw another doctor for a "second opinion". He told me I had hemorrhaged my foot because I shouldn't have applied pressure to my foot for at least a week. He told me everything else looked fine though.
I've still be having pain if I stand on my foot for over 10 minutes and the one spot is "cauliflower" up. I went to see him on Tuesday and he told me "You need surgery as soon as possible." because the part that is "cauliflower-ed" up is a bunch of warts that she didn't actually remove fully. Also, after all of this going on, my toe is now slightly bent to the side. My new doctor said it is because when she did the surgery she messed up the tended in my toe.
I was wondering if there is anything I can do about this. I ended up needing 2 and a half months off work (after the hemorrhage I needed more time off) and I almost lost my job.
Sorry this is so long. I just wanted to give you all the details. :) Thanks for your help.
Thanks for your answers so far Pork Patty and Terrance M!
@ Pork Patty - I added all those details for a reason. I wasn't saying that I thought it was malpractice because I didn't get the results I desired. She refused the crutches when asked for them and she also didn't give me true information.
- I forgot to add this before... The surgery she gave me in fact wasn't a "new procedure". Her secretary ended up telling me (while writing out my excuse slip for work) that it was common for people to be off for a month. - A fact in which she never told me.
Pork Patty
There are no facts here that would allow a lawyer or physician to evaluate a medical malpractice claim.
Doctors are not insurers of results. They are responsible for using due care (in other words, not being negligent). The fact that you did not get the desired result is not evidence of negligence.
If you go to a medical malpractice specialist, they will review your medical records and at that point they will be able to give you advice. No one can advise you without reviewing your records.
Terrance M
Thanks for all the details. More and more posts should have more details.
In short, yes, you do have a malpratice claim. This is because you wanted to get crutches (to stay off the foot), but she denied it.
This requires extensive lawyer help. You would probably win more if you went large scale then a small civil claim.
Ruth S
Get yourself a damn good lawyer and go after her for malpractice! You have the other doctor's recommendation and his opinion of the state your foot is in! I would also contact the AMA and make a complaint!
Truthseeker
The generally applicable law is: If the surgeon did not perform the surgery without proper care as a reasonable surgeon would have and as a result of that you sustained injuries, the surgeon is liable; the other basis of your lawsuit would be failure to disclose the side effects and risks as well as the chances of success.
Physicians are required to make full disclosure, she may have done that in writing and is probably contained in the documents you signed. Look at all the papers you signed and determine what was disclosed; such as likelihood of success and the dangers involved. However, the treatment may have been botched or so it appears. There may have been some permanent damages so I recommend that a consultation with a medical malpractice lawyer is warranted. You can contact the local state bar, most, if not all, have a referral service and you should certainly consult a lawyer, probably will cost you a small amount for consultation. You will not be hiring anyone at this time, just consulting. If the lawyer thinks you have a case ask for if he/she will accept it on a contingency.
Orignal From: This is long... But... Could this be a lawsuit for medical malpractice? If not then what can I do?
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