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A woman in New York went to a podiatrist to treat her bunion on her right foot. The podiatrist told her that if she had a bunion surgery known as a Lapidus bunionectomy she would be able to resume her active lifestyle and be able to wear stylish shoes again. The doctor told the patient had done "many" of these bunion surgeries and never had a patient who had any complications.
After the bunion surgery, when the patient began to bear weight a few months after surgery, she continued to complain of pain on the bottom of her foot. These complaints continued for many months until finally the foot doctor recommended that she have corrective surgery to try and shorten bones that were adjacent to the bones that had been operated on. By this time, nine months after surgery, the patient lost confidence with this podiatrist and decided to get another opinion, except this time with a board-certified orthopedic surgeon who had a specialty in foot and ankle surgery.
This orthopedist determined that her second and third metatarsals were long in comparison to the relatively short first metatarsal that had been shortened during the bunion surgery. In addition, the first metatarsal was placed too far down to where it normally should be. As a result of these findings, together with the patient's complaints, corrective surgery was recommended in order to shorten the second and third metatarsals. As a result of the original bunion surgery, the forces of her foot shifted so that now all of her weight was going on to the second and third metatarsals. The patient described feeling as if there was a rock in her foot every time she walked.
The corrective surgery, done by the orthopedic surgeon, unfortunately was unable to achieve the desired result. As a result, the patient still had complaints of pain, discomfort and irritation every time she walked on her foot. She claimed that after long day of being on her feet, she often limped at home and occasionally had to use a cane to get around her home. After an entire year without any improvement of her overall foot condition, her orthopedic surgeon recommended an additional surgery to shorten the second and third metatarsals. As an alternative, she was offered the option of having destructive surgery which would destroy parts of the joints in her foot in order to fuse them together.
Since the surgeon could not guarantee that she would achieve any improvement, she has decided to live with the pain for the foreseeable future. If her condition worsens, she will have to undergo one or both of these surgeries.
This case was tried to verdict in Westchester County Supreme Court in the state of New York. After a vigorously defended case, the jury determined that my client was entitled to receive $1.5 million as full and fair compensation for her injuries caused by this podiatrist.
About this Author
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.
Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry's free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.
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