I'm diabetic and have been seeing the same podiatrist for a few years.
To make a long story short, I now have an ulcer on a callous on my foot causing a lot of pain. I asked this Dr to operate on it 2x (i've had surgery like this before) but he's content to just have me go in every few weeks to have my foot scraped.
My medical MD says it should be operated on, and tomorrow I'm seeing the original Dr who did the surgery before.
The pain in my foot hurts even if I put on a shoe.
If this second DR agrees it should be operated on, is this a case of malpractice?

Lisa S
No.

ANY malpractice case is hard to file...harder to win.
Look in your phone book under lawyers and attorneys. Count the total number that even practice medical malpractice...and you'll find the list is short. No offense to lawyers, but they follow the money---and malpractice cases are tough.

Your doctor has simply used his best judgment, and finding a doctor willing to say he did something wrong is next to impossible. Even the doctor who thinks you need surgery will not take the stand against the first doctor.

To keep it simple...for malpractice to apply, you need significant permanent damage, that was directly caused by a doctors action. Since you are diabetic, and you have had foot issues a long time, it would be impossible to say that in your case.

Good luck.

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