Podiatry Malpractice Lawyer NY: Foot and Ankle Surgery Errors

What Is Podiatry Malpractice?

Podiatry malpractice is negligence by a podiatrist that causes harm to a patient. Like all medical malpractice, it requires proving that the podiatrist deviated from the accepted standard of care and that the deviation caused harm.

The standard of care in podiatry is determined by what a reasonably competent podiatrist would do under similar circumstances. This includes:

- Proper diagnosis of the foot or ankle condition - Appropriate treatment based on the diagnosis - Proper surgical technique when surgery is indicated - Adequate informed consent -- explaining the risks, benefits, and alternatives of treatment - Proper post-operative care and follow-up - Appropriate referral to specialists when necessary - Proper medication management -- including correct dosing and monitoring for side effects - Proper management of diabetic foot conditions -- which can lead to amputation if not managed appropriately

Podiatrists in New York are licensed by the New York State Education Department, Office of the Professions, and are regulated under Education Law Article 141.

Common Types of Podiatry Malpractice

Podiatry malpractice can take many forms, including:

• Surgical errors: Including wrong-site surgery, nerve damage, tendon damage, improper hardware placement (screws, plates), and failure to achieve proper alignment.
• Failure to diagnose: Including failure to diagnose fractures, infections, tumors, and other conditions. [Link to: /misdiagnosis-lawyer]
• Delay in diagnosis: Including delay in diagnosing infections, diabetic foot ulcers, and other conditions that can worsen over time.
• Medication errors: Including wrong medication, wrong dose, and failure to monitor for side effects (particularly with antibiotics and pain medications). [Link to: /medication-error-lawyer]
• Improper casting or bracing: Which can cause pressure ulcers, nerve damage, or improper healing of fractures.
• Failure to obtain informed consent: Particularly for surgical procedures.
• Post-operative infections: Failure to prevent, recognize, or treat surgical site infections. [Link to: /hospital-negligence/hospital-infections]
• Failure to refer: Failure to refer to an orthopedic surgeon, vascular surgeon, or other specialist when the condition exceeds the podiatrist expertise.
• Negligent wound care: Particularly in diabetic foot ulcers, which can lead to amputation if not managed appropriately.
• Failure to manage diabetic foot conditions: Including failure to recognize and treat infections, ulcers, and Charcot foot.
• Anesthesia errors: Particularly with local anesthesia and nerve blocks used in podiatric procedures. [Link to: /medical-malpractice/anesthesia-error]
• Compartment syndrome: Failure to recognize and treat compartment syndrome after foot or ankle surgery, which can cause permanent nerve and muscle damage.

Foot and Ankle Surgery Errors

Podiatric surgery is one of the most common sources of podiatry malpractice. Common surgical errors include:

- Wrong-site surgery: Operating on the wrong foot, the wrong toe, or the wrong side of the foot. This is a never event that should never happen if proper protocols (including preoperative marking and time-out) are followed. - Nerve damage: Damage to the nerves of the foot during surgery, causing numbness, tingling, pain, or loss of function. The sural nerve, superficial peroneal nerve, and digital nerves are particularly vulnerable. - Tendon damage: Damage to the tendons of the foot during surgery, causing weakness or loss of function. - Vascular damage: Damage to the blood vessels of the foot during surgery, which can cause ischemia (lack of blood flow) and tissue death. - Improper hardware placement: Screws, plates, or other implants placed incorrectly, causing pain, hardware failure, or damage to surrounding tissues. - Failure to achieve proper alignment: In fracture fixation or bunion surgery, improper alignment can cause chronic pain, deformity, and the need for revision surgery. - Over-correction or under-correction: In bunion surgery (bunionectomy), over-correction or under-correction can cause the bunion to recur or cause new problems. - Infection: Surgical site infections, which can be particularly devastating in the foot, where the blood supply may be limited (particularly in diabetic patients). [Link to: /hospital-negligence/hospital-infections] - Compartment syndrome: A rare but devastating complication of foot and ankle surgery, in which swelling within a muscle compartment compromises blood flow, causing permanent nerve and muscle damage. Failure to recognize and treat compartment syndrome promptly (with fasciotomy) can cause permanent disability. - Deep vein thrombosis (DVT) and pulmonary embolism (PE):strong Blood clots in the legs can occur after foot and ankle surgery, particularly in patients who are immobilized. Failure to prescribe prophylactic anticoagulation in high-risk patients, or failure to recognize and treat DVT/PE, can be fatal. - Non-union or malunion: Failure of a fracture to heal (non-union) or healing in an improper position (malunion), which can cause chronic pain and disability.

[Link to: /surgical-error-lawyer]

Failure to Diagnose Foot and Ankle Conditions

Failure to diagnose is another common type of podiatry malpractice. Conditions that are commonly misdiagnosed or delayed in diagnosis include:

- Fractures: Including stress fractures, which may not be visible on initial X-rays and require MRI or follow-up imaging. [Link to: /radiology-errors/mri-malpractice] [Link to: /radiology-errors/x-ray-malpractice] - Infections: Including cellulitis, osteomyelitis (bone infection), and septic arthritis. Failure to diagnose and treat infections promptly can lead to amputation or sepsis. - Diabetic foot ulcers: Failure to recognize, treat, and monitor diabetic foot ulcers can lead to amputation. Diabetic patients are at high risk for foot complications due to neuropathy (nerve damage), poor circulation, and impaired wound healing. - Charcot foot: A condition in which the bones of the foot weaken and collapse, causing deformity. Charcot foot is often misdiagnosed as infection or gout, and failure to diagnose and treat it can lead to severe deformity and amputation. - Tumors: Including benign tumors (e.g., plantar fibroma) and malignant tumors (e.g., melanoma, sarcoma). Failure to diagnose malignant tumors can delay treatment and worsen the prognosis. - Compartment syndrome: A surgical emergency that can occur after injury or surgery, causing permanent nerve and muscle damage if not treated promptly. - Deep vein thrombosis (DVT): Blood clots in the legs, which can cause pulmonary embolism if not treated. [Link to: /misdiagnosis/pulmonary-embolism-misdiagnosis] - Peripheral arterial disease (PAD): Which can cause poor circulation to the feet and delayed wound healing. - Complex regional pain syndrome (CRPS): A chronic pain condition that can develop after injury or surgery, which requires early recognition and treatment.

[Link to: /misdiagnosis-lawyer] [Link to: /delayed-diagnosis-lawyer/new-york]

Medication Errors in Podiatry

Podiatrists prescribe a variety of medications, including antibiotics, pain medications, anti-inflammatory medications, and nerve medications. Common medication errors include:

- Wrong antibiotic: Prescribing an antibiotic that is not effective against the infecting organism, or failing to perform a culture and sensitivity test to identify the organism. - Wrong dose: Prescribing too much or too little of a medication. - Failure to check for allergies: Prescribing a medication to which the patient is allergic. - Failure to check for drug interactions: Prescribing a medication that interacts with another medication the patient is taking. - Overprescription of opioids: Prescribing too many opioid pain medications, which can lead to dependence, addiction, or overdose. [Link to: /medication-errors/hospital-overdose] - Failure to monitor for side effects: Particularly with antibiotics (which can cause allergic reactions, kidney damage, or Clostridioides difficile infection) and nerve medications (which can cause dizziness, sedation, and falls).

[Link to: /medication-error-lawyer]

The Standard of Care in Podiatry

The standard of care in podiatry is determined by what a reasonably competent podiatrist would do under similar circumstances. It is established through:

- Clinical practice guidelines from organizations such as the American College of Foot and Ankle Surgeons (ACFAS) and the American Podiatric Medical Association (APMA). - Peer-reviewed literature on podiatric diagnosis, treatment, and outcomes. - Expert testimony from board-certified podiatrists. - New York State Education Department regulations governing podiatric practice. - Hospital policies and procedures where the podiatrist practices.

The standard of care includes: - Thorough history and physical examination - Appropriate diagnostic testing (X-rays, MRI, CT, cultures, blood tests) - Correct diagnosis - Appropriate treatment plan based on the diagnosis - Informed consent for procedures and surgeries - Proper surgical technique - Appropriate post-operative care and follow-up - Referral to specialists when the condition exceeds the podiatrist expertise

When Podiatry Negligence Constitutes Malpractice

Podiatry negligence constitutes medical malpractice in New York when a podiatrist deviated from the accepted standard of care and that deviation caused harm. Key considerations include:

- Was the diagnosis correct? If the podiatrist failed to diagnose a fracture, infection, tumor, or other condition, it may constitute negligence. - Was the treatment appropriate? If the podiatrist performed the wrong procedure, used the wrong medication, or failed to refer to a specialist, it may constitute negligence. - Was the surgery performed properly? If the podiatrist made surgical errors (wrong-site surgery, nerve damage, improper hardware placement), it may constitute negligence. - Was informed consent obtained? If the podiatrist did not explain the risks, benefits, and alternatives of treatment, it may constitute negligence. - Was post-operative care appropriate? If the podiatrist did not monitor for complications (infection, compartment syndrome, DVT), it may constitute negligence. - Did the deviation cause harm? The harm must be causally connected to the deviation.

Under New York law, expert testimony from a board-certified podiatrist is required. A certificate of merit (CPLR 3012-a) must be filed with the lawsuit.

Proving Your Podiatry Malpractice Case

To prove a podiatry malpractice case, you need:

- Medical records: Including podiatry records, surgical records, imaging studies (X-rays, MRI, CT), medication records, and follow-up records. - Imaging studies: The actual X-ray, MRI, and CT images. [Link to: /radiology-errors/mri-malpractice] [Link to: /radiology-errors/x-ray-malpractice] - Expert review: Independent review by board-certified podiatrists and orthopedic surgeons. - Standard of care evidence: Establishing what the standard of care requires and how the podiatrist deviated from it. - Causation evidence: Establishing that the deviation caused the harm. - Damages evidence: Including medical expenses, lost wages, pain and suffering, and future care needs. - Expert testimony: From qualified experts.

[Link to: /resources/how-to-get-medical-records-for-a-lawsuit]

New York Statute of Limitations

Podiatry malpractice claims are subject to the 2.5-year statute of limitations for medical malpractice (CPLR 214-a), running from the date of the negligent act.

However, there are important exceptions:

- Continuous treatment doctrine: If the patient continued to receive treatment from the same podiatrist for the same condition, the statute may be tolled (extended) until the treatment ends. - Foreign object: If a foreign object (e.g., a surgical sponge or broken instrument) was left in the patient body, the statute runs from the date of discovery (within 1 year of discovery). - Wrongful death (EPTL 5-4.1): If the podiatry negligence caused death, the wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death-lawyer] - Municipal defendants (GML 50-e, 50-i): If the negligence occurred at a municipal hospital, shorter deadlines apply. [Link to: /hospital-negligence/suing-nyc-h-h]

Contact an attorney as early as possible to evaluate all applicable deadlines.

Common Defense Arguments and How We Counter Them

Defense: The complication was a known risk of the procedure.

Defense attorneys use several arguments in podiatry malpractice cases:

• Our Counter: While some complications (infection, non-union, nerve irritation) are known risks of podiatric surgery, the standard of care requires the podiatrist to minimize risks, recognize complications promptly, and respond appropriately. If the complication was caused by a deviation from the standard of care (e.g., wrong-site surgery, improper technique, failure to recognize infection), the podiatrist is liable, regardless of whether the complication was a known risk.

Defense: The patient did not follow post-operative instructions.

Our Counter: While patient non-compliance can contribute to complications, the standard of care requires the podiatrist to provide clear post-operative instructions, assess the patient understanding, and monitor for complications. If the podiatrist did not provide clear instructions or did not monitor for complications, the standard of care was breached.

Defense: The patient diabetes caused the complications.

Our Counter: While diabetes increases the risk of complications, the standard of care requires podiatrists to take extra precautions with diabetic patients -- including aggressive wound care, close monitoring, and early intervention for infections. If the podiatrist did not take these precautions, the standard of care was breached. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Defense: The outcome would have been the same even with proper care.

Our Counter: We use medical literature and expert testimony to establish that proper diagnosis, treatment, and follow-up would have changed the outcome.

Compensation Available

A successful podiatry malpractice claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, revision surgeries, rehabilitation, medications, and orthotic devices
• Lost wages and loss of earning capacity
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For nerve damage, chronic pain, deformity, or amputation
• Loss of enjoyment of life: For the impact on mobility, activities, and daily life
• Wrongful death damages: If the podiatry negligence caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential podiatry malpractice case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 2.5-year statute of limitations and all applicable exceptions.
• Record Retrieval: We obtain all podiatry records, surgical records, imaging studies, and follow-up records.
• Expert Review: We engage board-certified podiatrists and orthopedic surgeons to independently review the records.
• Standard of Care Analysis: We establish what the standard of care requires and how the podiatrist deviated from it.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.