Med Mal for injury caused by surgery

This is a discussion on Med Mal for injury caused by surgery within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; Located in NC. I am interested to know if my case would be considered Medical Malpractice. I received care at ...

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Old Oct 28th, 2010, 11:17 AM   #1
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Default Med Mal for injury caused by surgery

Located in NC.
I am interested to know if my case would be considered Medical Malpractice. I received care at an orthopedic office for a foot injury caused by running. Was diagnosed with plantar faciitis and treated with injections in my heel for approximately 1.5 years. The injury never got better. I decided on surgery because nothing else was working and I was assured the surgery would end the pain. But the doctor that had been treating me for the previous 1.5 years didnt do that type of surgery and referred me to his associate who I was told "does them all the time". Scheduled and had surgery to release the facia in my foot on June 15, 2009. I never talked to the doctor after the surgery neither did my care giver post surgery. I was ordered by the nurse to stay off my foot for 2 weeks which I did. At the 2 week mark I was still in so much pain and couldnt put weight on it even in a boot I contacted the doctors office, never spoke to the doctor, just his nurse who told me that the more I walk on it the better it would feel. And that they couldnt give me any more pain killers. This went on for several months of me in the boot and still in pain.
In August and September of 2009 I consulted with 2 other specialist in feet, a podiatrist and both agreed that the facia was released too far taking longer for it to heal.
Had 2 sets of orthodics made, went to physical therapy, took pain medication to no avail. The more I walked on it the more it hurt. The surgery caused me to favor the non surgery side of my foot and I walked differently putting more pressure on the outside of my foot which then caused tendonitis. The tendonitis turned into a ruptured tendon and many tears within another tendon. This was discovered by an MRI this past Monday October 25th.
I am back in a boot for 3 more weeks, not sure how many times I have been immobalized and in a boot at this point. If in 3 weeks the boot hasnt started to help the tendons heal I will need to have an additional surgery to repair the damaged tendons.
This surgery and recovery is more time off my feet, away from work and lost wages will occur again.
All of this could have been avoided had the doctor actually taken time to look at the problem soon after surgery and take corrective measures.
Please advise...thank you!!!
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Old Oct 28th, 2010, 12:09 PM   #2
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Default Re: Med Mal for injury caused by surgery

I wish to inform you that medical malpractice suit can be filed by you. The doctor's negligence in treating you has resulted in pain and suffering for you. As the surgery has not improved your feet and the claims of the doctor before surgery proves to be incorrect, therefore, you may claim compensation for your wrong treatment. Further, you may first give a notice regarding the fact that doctor's negligence has caused you pain and suffering and therefore you can claim compensation. If the doctor refuses to pay then you may file a suit for medical malpractice.

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