June 23, 2014

Question

My significant other felt pain all the time then we decided to go for second opinion. New doctor has discovered that reconstructive surgery will be needed to fix the problems on both feet. Screws were used on both bunions, one of them went through the bone in to tissue. Second toe was made stiff where she couldn’t move it at all. Bunions still there and very visible after surgery. We decided to go through with the surgery of the right foot with new doctor, he fixed everything and it looks flawless…he made the second toe move and said that he found a lot of scar tissue. Also mentioned when he does the left foot he will have to cut second and third toe in length so that way she can have her balance back due to old doctor cutting big toe too short that’s why her foot was swollen all the time.

Answer

Complications from treatment do not always mean there was malpractice. Staying off one's feet post-operatively is very important in podiatric cases. Can we assume that the second podiatric surgeon reviewed the medical records and was asked if they had an opinion as to whether the first doctor committed malpractice? If he/she "doesn't want to get involved" with a lawsuit you might have a problem, since podiatric surgery is a small field, and any med mal case is going to need an expert willing to testify that the first doctor committed malpractice. Good luck.


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