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Question DetailsAsked on 3/4/2012

How do I handle surgery performed incorrectly? Not life threatening, but potentially life-changing results from surgery resulted.

I had podiatric surgery in which the surgery did not remove all of the bone causing the problem. Also, due to the surgery I cannot bear weight properly on the foot, have nerve damage and may have to have the surgery performed again because bone chips were left in place that should have been removed in the original surgery.
It's been 2 years since the surgery and I'm seeing another doctor who is trying to keep me out of surgery, prescribing physical therapy and ultrasound treatment. This has been very helpful but very expensive. I am concerned that this is going to continue to impact my quality of life and my mobility as it's impacted my gait and created problems with my hips and upper body.

I don't want to sue the original doctor just find a way to get him to help pay for the cost of treatment I'm having to undergo as a result of his shoddy surgery. I'm very frightened about the long-term health impacts and concerned about what should happen if I should lose my insurance.

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3 Answers

Voted Best Answer

Sounds like you should be pursuing a disability claim. Also, you could speak to your previous doctor frankly about your concerns.
Have they made orthotics for your shoes that distribute your weight better?

Answered 8 years ago by mbandercoot


Thanks for your input. Yes, my second doctor prescribed orthotics - but I use those primarily for walking and what limited running I can do not. What's the difference between suing someone and a disability claim? I'm not disabled (hopefully won't be). Just trying to work out quality of life issues and minor (for now) limited range of motion as a result of the surgery.

Answered 8 years ago by JGuest


Congratulations on having a positive outlook on this difficult time in your life! That seems to be hard for many of us to do. If you are getting better, as it sounds, then applying for Medicare disability, which is appropriate more for long term or permanent disabilities, does not sound like the thing for you.
Physicians who do poor work can be reported to their state Medical Board. The state Medical Board is their to protect the public from incompetent, careless physicians and physician assistants; it also protects the public from predatory billing and charging issues.
If you feel you simply suffered a poor result, which can happen in any medical treatment, you simply go on and deal with it, as it sounds you have been doing.
If you feel the doctor was negligent and you had a bad outcome that was his fault, then you can report him to your medical board and/or get an attorney and see about bringing the doctor to court and seeking a monetary award.
However, generally, reputable attorneys will ask for money from you to get started and there is no guarantee of a large payout, which the lawyer will generally take 1/3 of, in any case. Realize you have a statute of limitations that limits the time you have to file a lawsuit after realizing you've had a bad medical outcome. This can be 1 or 2 years, depending on the state.
You sound like you are doing better. I hope that remains the case. Generally, hard work (at your physical therapy and exercise) is the the key to succeeding at anything, like getting over this and getting back to your life.
Good luck and I hope you do really well!!

Answered 8 years ago by mbandercoot


Ah....I see you meant Medicare disability. No, I'm not old enough for that, for sure! No, I think it's just one of those things. I don't really feel comfortable suing the doctor, just looking for a way to warn folks - but don't really want to slam the guy. Thinking I may have to just break down and go talk to him....not looking forward to it. Thanks for sharing your thoughts.

Answered 8 years ago by JGuest

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