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anyone ever considered suing their surgeon?

Posted by elliott on 1/13/02 at 12:10 (069861)

I don't think I've seen this topic discussed since coming on this board.

I hate the current climate of suing over every little trivial thing, or when the suer is really at fault, or when there are known and accepted risks and you are willing to take them. And I'm not even talking about suing over, say, a failed PF or TTS release where the doc perhaps did everything well but results still aren't satisfactory, because that is life. What I am talking about is, say, when before surgery you could at least walk well, but after surgery, you are left nearly crippled. That's what I'm talking about.

Any comments on when if ever to sue, how to go about it, burden of proof, chances for a reasonable settlement, etc.?

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Re: anyone ever considered suing their surgeon?

Nancy N on 1/13/02 at 12:30 (069863)

Elloitt--

I haven't had surgery. But in the summer of 2000, when I was getting desperate, I was told both by my pod and by the ortho I saw for a second opinion that I should have surgery because there were no other options (they had no idea what ESWT was, of course). When I started looking into it, I found a website belonging to a legal firm who apparently were ex-pods who saw so many botched surgeries that they went back to law school to get the education they needed to help these people legally.

I have no idea anymore who they were, what they were called, etc, but I'd bet you could find them if you use the right search terms. Maybe foot surgery podiatrist lawyer lawsuit? I'm not sure. But I got the impression that there have been many lawsuits in these cases, just from looking around on the web. It was part of what convinced me to wait and explore other options rather than having surgery.

Re: anyone ever considered suing their surgeon?

BrianG on 1/13/02 at 13:33 (069869)

Hi Elliott,

Check out this website: http://www.footlaw.com
These lawyers are also Pods. They will listen to your case for free. You have nothing to loose.

BCG

PS I hope you have kept good records

Re: anyone ever considered suing their surgeon?

BG CPed on 1/13/02 at 15:39 (069874)

I am not sure if all states are the same in regards to med-mal laws. First I hate ambulance chasers with a passion (that doesnt include all lawyers)
The basic rule of malpractice, which is sometimes very hard, is that you must prove that it was substandard care or deviated from what a resonable Doctor would have or should have done.

Many folks think it is med mal when they requested and got a bunion procedure and it still hurts or didnt go so well. If it was done with reasonable care and there was no indication of substandard treatment then thats the breaks.

I had a pt that recently went in for a bunionectomy. She had a moderately pronated foot and a little case of metatarsalgia. When she got done she not only had bunion done but the guy actually removed the met heads on 3 toes 'so she wouldnt have pain on the ball of her foot anymore. This was a lady with relativly normal feet and didnt have reumatoid or any significant forefoot condition.

Needless to say she is MUCH worse than before and if she didnt authorize more than the bunion then that can be a sticky situation. That in my opinion is a case. Doctors are human and feet are not like a car where you plug into a computer, get a dx then remove 4 bolts and put a new one on.

Many folks think if ANYTHING goes wrong or is an act of mother nature, god or whatever that SOMEBODY should pay and it may as well be the rich Doctor. I think the footlaw site is a good resource. Even the best Doctors will get sued at some point. This is a good question and will probably result in a long string of posts

Re: anyone ever considered suing their surgeon?

Nancy N on 1/13/02 at 17:58 (069887)

I think this must be the site I found. At the very least, it sounds like the same sort of thing. Good luck!

Re: anyone ever considered suing their surgeon?

Paula on 1/16/02 at 19:22 (070222)

Didn't your doctor tell you the worst case scenerio before surgery? A good doctor would be sure you understand what could be the worst thing that happens from surgery. All surgery has risks. You are not telling when you had your surgery or any information about yourself that shows you have any kind of lawsuit case. No you have no moral right to sue a doctor because the surgery did not meet your expectations. But the doctor has the responsibility to tell you the good and bad about surgery. But, you are an adult, and I feel it is your job to know that before surgery too. A patient has got to take a lot of responsibility in the healing process and whether you are following doctor's orders....

Re: anyone ever considered suing their surgeon?

Nancy N on 1/13/02 at 12:30 (069863)

Elloitt--

I haven't had surgery. But in the summer of 2000, when I was getting desperate, I was told both by my pod and by the ortho I saw for a second opinion that I should have surgery because there were no other options (they had no idea what ESWT was, of course). When I started looking into it, I found a website belonging to a legal firm who apparently were ex-pods who saw so many botched surgeries that they went back to law school to get the education they needed to help these people legally.

I have no idea anymore who they were, what they were called, etc, but I'd bet you could find them if you use the right search terms. Maybe foot surgery podiatrist lawyer lawsuit? I'm not sure. But I got the impression that there have been many lawsuits in these cases, just from looking around on the web. It was part of what convinced me to wait and explore other options rather than having surgery.

Re: anyone ever considered suing their surgeon?

BrianG on 1/13/02 at 13:33 (069869)

Hi Elliott,

Check out this website: http://www.footlaw.com
These lawyers are also Pods. They will listen to your case for free. You have nothing to loose.

BCG

PS I hope you have kept good records

Re: anyone ever considered suing their surgeon?

BG CPed on 1/13/02 at 15:39 (069874)

I am not sure if all states are the same in regards to med-mal laws. First I hate ambulance chasers with a passion (that doesnt include all lawyers)
The basic rule of malpractice, which is sometimes very hard, is that you must prove that it was substandard care or deviated from what a resonable Doctor would have or should have done.

Many folks think it is med mal when they requested and got a bunion procedure and it still hurts or didnt go so well. If it was done with reasonable care and there was no indication of substandard treatment then thats the breaks.

I had a pt that recently went in for a bunionectomy. She had a moderately pronated foot and a little case of metatarsalgia. When she got done she not only had bunion done but the guy actually removed the met heads on 3 toes 'so she wouldnt have pain on the ball of her foot anymore. This was a lady with relativly normal feet and didnt have reumatoid or any significant forefoot condition.

Needless to say she is MUCH worse than before and if she didnt authorize more than the bunion then that can be a sticky situation. That in my opinion is a case. Doctors are human and feet are not like a car where you plug into a computer, get a dx then remove 4 bolts and put a new one on.

Many folks think if ANYTHING goes wrong or is an act of mother nature, god or whatever that SOMEBODY should pay and it may as well be the rich Doctor. I think the footlaw site is a good resource. Even the best Doctors will get sued at some point. This is a good question and will probably result in a long string of posts

Re: anyone ever considered suing their surgeon?

Nancy N on 1/13/02 at 17:58 (069887)

I think this must be the site I found. At the very least, it sounds like the same sort of thing. Good luck!

Re: anyone ever considered suing their surgeon?

Paula on 1/16/02 at 19:22 (070222)

Didn't your doctor tell you the worst case scenerio before surgery? A good doctor would be sure you understand what could be the worst thing that happens from surgery. All surgery has risks. You are not telling when you had your surgery or any information about yourself that shows you have any kind of lawsuit case. No you have no moral right to sue a doctor because the surgery did not meet your expectations. But the doctor has the responsibility to tell you the good and bad about surgery. But, you are an adult, and I feel it is your job to know that before surgery too. A patient has got to take a lot of responsibility in the healing process and whether you are following doctor's orders....