Each day, a huge number of surgical procedures take place, some of which can be quite uneventful. Although technology has paved way for newer innovations reducing the possibilities of risks and life altering situations, however, the fact cannot be ignored that still, silly mistakes can take place which are be harmful for the patient. Often you will hear about foot malpractice lawsuits being filed against podiatrists every now and then. A foot malpractice case is filed against the doctor when he was not careful enough during the medical procedure and his act of negligence caused the patient harm rather than good. The act of negligence can be done by anyone, the surgeon himself, the medical nurse, anesthesiologist and even the medical staff helping out during the surgery. The act of negligence when the medical caretaker deviates from all those set standard of care rules that have been formed for the better of the patient. These laws are set by the medical community at large and the medical professionals need to follow these rules to a T. For a foot malpractice case to be legitimate, the victim first needs to prove that he has been harmed or injured. He needs to prove that the direct negligent actions of the doctor caused him suffering. Although it’s a hard call proving such a thing, but still it is not impossible. If the harm or suffering was minor, or there was no real harm, then it would be pointless to file for a malpractice case because these can be taken care of. But if the harm is real, you have been hurt badly, then you should by all means file for compensation. One thing the victim and his family need to be aware of is that it’s not always the medical caretaker who is directly responsible for the injury. There are many times when the medical professional may have been careful enough to commit no mistake at all, but then he has a team of other caretakers. Maybe they were the ones who were negligent and caused you the injury. If they did not fulfill their duty does not mean the doctor is incompetent and you need to file a foot malpractice case against him. You can certainly talk to the doctor about the act and find out a solution to your problem outside the house of law. Lastly, it is not always necessary for you to go against your doctor and file a lawsuit. Try to take the matter before the doctor himself before you choose this long tiresome road. You can always discuss things with him and tell him what went wrong and where. Maybe the doctor is willing to settle things with you or redo your surgery to correct his mistake, and that too free of cost. If this is the case, then there is no need to knock at the doors of a courthouse.
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During your surgery by your foot doctor, he left an instrument inside you about which you found out later. Or perhaps the doctor sewed your foot incorrectly after the surgery. Or maybe, he didn’t diagnose a correct condition in the first place and conducted surgery of the wrong part of your foot or gave you wrong treatment. In all these cases, you are entitled for a Foot Surgery Malpractice case. But the battle is not going to be easy for you. You need a strong team by your side to support you all the way through to the end. And by team we mean a medical expert who will testify in the house of law on your behalf and certify the negligence on the defendants part – your previous foot doctor – and an attorney who is an expert in the area.
How Can These Two Help? Proving an act of negligence is not an easy thing. Add to it, the doctors and hospitals are sometimes protected under certain laws and are immune to lawsuits like such. Does this mean that you cannot make a claim? Well, if there is no immunity protecting the doctor, in such a case, you do have a claim. But proving it is all a different factor and perhaps the most difficult one to say the least. It all comes down to the proof which will be the foundation of your claim; the fact that you were harmed during a medical procedure and/or surgery and you filed for a claim under a Foot Surgery Malpractice case. You will need to find a medical expert who is going to certify the negligence on the other doctor’s behalf. You need to ensure that the doctor has years of experience and has handled cases like yours to make a strong argument in the court of law. Moreover, the medical expert representing you will testify in front of the court that the defendant doctor acted outside the ‘standard of care’ as a result of which you were harmed. As far as the attorney goes, again you will need a professional who has years of experience handling medical malpractice cases. He needs to understand the complexities that go into the matter and how the entire issue can be handled. In fact, he should be an expert in order to win you the Foot Surgery Malpractice claim. It’s quite obvious that the defendant doctor will have a team of experts of his own who will fight the case. They have years of experience in arguing such cases. As a matter of fact, they are so good at it that they know how to steer the jury into the other direction making them believe nothing wrong ever happened; no wrong act was committed by the doctor. This is all they do; therefore, they’re very good at it. With this in mind, you will need to have a law expert who knows how to deal with the defendant’s strong team of legal professionals. When you come across a medical condition or injury, you have to rush to a doctor or hospital to get it treated. As much as the condition worries you, somewhere deep inside, you are contended that the medical expert will take care of everything especially considering he has years of experience under his belt. You are somehow satisfied that you will get an excellent treatment but if the truth be told, these medical professionals are also human, and they can make mistakes. Even when they have official training and a wealth of experience, they can be negligent at times that may cause you more harm than good. Same goes for foot doctors. They can make petty mistake that can result in life altering situations. So if you are a victim of any such incident, you have a Foot Doctor Malpractice case you can file against the professional for compensation of the damage done to you. How do you know you are a victim of wrongdoing by your Podiatrist? Well, it’s quite simple! If your foot doctor diagnosed a wrong condition, or he was not able to diagnose or treat the condition on time, or the doctor, during treatment, caused you some damage or injury as a result of which you had to suffer more, then this is a case of negligence on the expert’s part and you are entitled for a claim under a Foot Doctor Malpractice case. Apart from holding the doctor accountable, you can file a claim against the following as well;
You will need to look for a legal professional who is an expert in the area to help you with your case. Be it known that a negligent act can be committed by all types of health care providers other than the doctor himself. Moreover, if your foot doctor committed the act of negligence while working for a hospital and was on duty at that time, you can also sue the hospital under the ‘Respondeat Superior’ theory. |
AuthorDr. Nirenberg is not only a foot doctor, but also a foot surgeon and forensic podiatrist. The Wall Street Journal, History Channel, Fox News, Women’s Adventure Magazine and many other news outlets have sought Dr. Nirenberg’s foot and ankle surgical and medical expertise. As a forensic podiatrist, Dr. Nirenberg has assisted law enforcement in criminal investigations involving footprints, shoes, gait and other foot-related evidence. He has provided testimony about footprints and shoes that has helped to convict persons of murder. Archives
September 2016
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