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What is the name of your state (only U.S. law)? NY
A podiatrist misdiagnosed a tumor in my foot, and delayed treatment.
I have been under the care of a podiatrist since Fall 2010 for chronic foot/ankle issues. I have a mild limp due to sports injury and surgeries on my right ankle in the 1980s. My PCP referred me to the podiatrist to treat intractable plantar fasciitis. He treated the plantar fasciitis adequately � with PT, shots, shoe inserts, and then finally surgery on my left foot in 12/2012. The outcome of the surgery is good, though I was feeling increased pain and swelling in my right ankle due to switching my limp during the recovery period.
I continued regular care with the podiatrist, and physical therapist. A couple of months after that surgery, I discovered a lump on my right foot that the podiatrist diagnosed as a cyst, and recommended to leave it untreated unless it really bothered me. In March, 2013 I pointed out to the podiatrist that my right foot seemed to be changing architecture. I needed a bigger shoe/sneaker and I had lump on the top of my foot. It was also swelling more and feeling more painful. The podiatrist told me that I had just developed new muscles, and compared me to soccer players develop giant muscles on their feet and need very wide sneakers.
By September 2013, the foot/ankle was still getting bigger and the cyst was becoming more painful. He decided to try and drain the cyst and was unable to do so. He pokes around, squeezes a lot and leaves a bruise. November 2013 I complain of increased pain in my right ankle, sometimes sudden sharp pain that I compared to an ice pick through my ankle/foot. I was concerned that if this happened when I was driving, it could be dangerous. He suggested get an MRI to if there is any damage to the bones, or strictures. I schedule the MRI in December, and had the results sent to him.
I(incorrectly assumed that he would read the MRI and call me if he saw anything. My next appointment with him is in March 2014, and he looked the MRI for the first time, while I was in the office. It showed an aggressive growth tumor (it was named as such on the MRI report)� the cyst, the lump on the front of my foot, the increased mass, were all tumor. He did not know how to do this surgery, and referred me back to my PCP.
My PCP referred me to an Orthopedic Oncologist, who referred me to a specialized foot/ankle surgeon, who operated in April. I lost a tendon sheath, part of the joint capsule, and the tumor involved 2 nerves. There is a 20% chance of recurrence, and if it does, will require both surgery and radiation. Assuming it does not recur, my recovery will be long � and under the best of circumstances it is hard to say if it will be complete. I have been on short term disability since 4/1/2014.
Does the podiatrist�s misdiagnosis or failure to read the MRI in a timely manner qualify as malpractice?
A podiatrist misdiagnosed a tumor in my foot, and delayed treatment.
I have been under the care of a podiatrist since Fall 2010 for chronic foot/ankle issues. I have a mild limp due to sports injury and surgeries on my right ankle in the 1980s. My PCP referred me to the podiatrist to treat intractable plantar fasciitis. He treated the plantar fasciitis adequately � with PT, shots, shoe inserts, and then finally surgery on my left foot in 12/2012. The outcome of the surgery is good, though I was feeling increased pain and swelling in my right ankle due to switching my limp during the recovery period.
I continued regular care with the podiatrist, and physical therapist. A couple of months after that surgery, I discovered a lump on my right foot that the podiatrist diagnosed as a cyst, and recommended to leave it untreated unless it really bothered me. In March, 2013 I pointed out to the podiatrist that my right foot seemed to be changing architecture. I needed a bigger shoe/sneaker and I had lump on the top of my foot. It was also swelling more and feeling more painful. The podiatrist told me that I had just developed new muscles, and compared me to soccer players develop giant muscles on their feet and need very wide sneakers.
By September 2013, the foot/ankle was still getting bigger and the cyst was becoming more painful. He decided to try and drain the cyst and was unable to do so. He pokes around, squeezes a lot and leaves a bruise. November 2013 I complain of increased pain in my right ankle, sometimes sudden sharp pain that I compared to an ice pick through my ankle/foot. I was concerned that if this happened when I was driving, it could be dangerous. He suggested get an MRI to if there is any damage to the bones, or strictures. I schedule the MRI in December, and had the results sent to him.
I(incorrectly assumed that he would read the MRI and call me if he saw anything. My next appointment with him is in March 2014, and he looked the MRI for the first time, while I was in the office. It showed an aggressive growth tumor (it was named as such on the MRI report)� the cyst, the lump on the front of my foot, the increased mass, were all tumor. He did not know how to do this surgery, and referred me back to my PCP.
My PCP referred me to an Orthopedic Oncologist, who referred me to a specialized foot/ankle surgeon, who operated in April. I lost a tendon sheath, part of the joint capsule, and the tumor involved 2 nerves. There is a 20% chance of recurrence, and if it does, will require both surgery and radiation. Assuming it does not recur, my recovery will be long � and under the best of circumstances it is hard to say if it will be complete. I have been on short term disability since 4/1/2014.
Does the podiatrist�s misdiagnosis or failure to read the MRI in a timely manner qualify as malpractice?
