Foot surgery gone very wrong

[innatro]

What is the name of your state (only U.S. law)? Texas

I had a pretty complex foot surgery done by a podiatrist 2.5 months ago.
I had a number of post-op visits, and he keeps saying that it is all good, looks great, swelling is normal.
Today I went to an orthopedic Sergent (recommended a bit to late) to discuss my other foot options, but when he saw an x-ray of the foot already done, he said that it is a very bad job, needs to be redone, will never heal, screw is coming out (and I can actually feel it through the skin).
Now I'm very angry at the podiatrist, paid money, took 2 month medical leave, and now have to do it all over.

Do I have a malpractice case? Would love some justice!!

[lya]

What in the world is an orthopedic sergent?

Aside from that, isn't this a re-wording of a previous post?

[barry1817]

Originally Posted by innatro

What is the name of your state (only U.S. law)? Texas

I had a pretty complex foot surgery done by a podiatrist 2.5 months ago.
I had a number of post-op visits, and he keeps saying that it is all good, looks great, swelling is normal.
Today I went to an orthopedic Sergent (recommended a bit to late) to discuss my other foot options, but when he saw an x-ray of the foot already done, he said that it is a very bad job, needs to be redone, will never heal, screw is coming out (and I can actually feel it through the skin).
Now I'm very angry at the podiatrist, paid money, took 2 month medical leave, and now have to do it all over.

Do I have a malpractice case? Would love some justice!!

If an orthopedic surgeon will commit that the treatment was below the standard of care, then you would probably have a reasonable chance of getting a malpractice attorney to look at your case and procede with it.

Normally when doctors treat in a speciality they are expected to treat to the level of the specialty in that field.

It is your burden to prove that the initial treatment was below the standard of care, to prove that the care created harm and that there is a financial component to any potential claim.

[ecmst12]

And on the other hand, an unsuccessful surgery alone does not necessarily indicate malpractice. There is no surgery that has an expected success rate of 100%.