Amputation of foot

[Jak411]

What is the name of your state? IN

I was seeing a podiatrist/wound dr for a foot ulcer I had. The ulcer did get infected and it required the podiatrist to remove my 3rd toe. I followed up with the podiatrist afterwards and I was healing nicely. After several visits he was going to release me as I was healed and there were no open wounds.

So on my last visit the podiatrist was inspecting my foot and next thing I know he inserted a scalpel and made a new hole in my foot. Now, I’m diabetic and am prone to infections and foot ulcers no shame there but why on earth would a podiatrist/wound dr make a hole into a foot of a diabetic patient that doesn’t heal well?

He ordered an X-ray or maybe it was a ct scan after he made a hole because the reason for him opening it was because he thought there was a foreign object underneath??? and he found nothing so he wanted an X-ray. At this time I audio recorded my disgust with him and that he should have did an X-ray before opening me up and not after.

Nothing appeared on X-rays. I fought to try to heal this hole but ultimately I became septic and my toes and half my foot had to be amputated. I’m disabled and won my ssdi case because of my foot. Do I have a recourse or should I let this dr get by?

 

[Just Blue]

What is the name of your state? IN

I was seeing a podiatrist/wound dr for a foot ulcer I had. The ulcer did get infected and it required the podiatrist to remove my 3rd toe. I followed up with the podiatrist afterwards and I was healing nicely. After several visits he was going to release me as I was healed and there were no open wounds.

So on my last visit the podiatrist was inspecting my foot and next thing I know he inserted a scalpel and made a new hole in my foot. Now, I’m diabetic and am prone to infections and foot ulcers no shame there but why on earth would a podiatrist/wound dr make a hole into a foot of a diabetic patient that doesn’t heal well?

He ordered an X-ray or maybe it was a ct scan after he made a hole because the reason for him opening it was because he thought there was a foreign object underneath??? and he found nothing so he wanted an X-ray. At this time I audio recorded my disgust with him and that he should have did an X-ray before opening me up and not after.

Nothing appeared on X-rays. I fought to try to heal this hole but ultimately I became septic and my toes and half my foot had to be amputated. I’m disabled and won my ssdi case because of my foot. Do I have a recourse or should I let this dr get by?

I highly suggest you contact the IN Bar Association and get several referrals/consults for Med-Mal Attorneys. Take your medical records to each consult and they will advise you on whether or not you have a viable case. Pick the Attorney that impresses you the most if you go forward with a suit.

https://www.inbar.org/

 

[quincy]

What is the name of your state? IN

I was seeing a podiatrist/wound dr for a foot ulcer I had. The ulcer did get infected and it required the podiatrist to remove my 3rd toe. I followed up with the podiatrist afterwards and I was healing nicely. After several visits he was going to release me as I was healed and there were no open wounds.

So on my last visit the podiatrist was inspecting my foot and next thing I know he inserted a scalpel and made a new hole in my foot. Now, I’m diabetic and am prone to infections and foot ulcers no shame there but why on earth would a podiatrist/wound dr make a hole into a foot of a diabetic patient that doesn’t heal well?

He ordered an X-ray or maybe it was a ct scan after he made a hole because the reason for him opening it was because he thought there was a foreign object underneath??? and he found nothing so he wanted an X-ray. At this time I audio recorded my disgust with him and that he should have did an X-ray before opening me up and not after.

Nothing appeared on X-rays. I fought to try to heal this hole but ultimately I became septic and my toes and half my foot had to be amputated. I’m disabled and won my ssdi case because of my foot. Do I have a recourse or should I let this dr get by?

First, I am sorry to hear about the amputation. I know that diabetics especially must be very careful to avoid foot injuries and infections. Because you believe that the need for the amputation can be traced to your last visit to the podiatrist, it probably would be worth your time to sit down with a medical malpractice attorney.

You can take your medical records to several medical malpractice attorneys in your area for a personal review of your medical history. The initial consultations should be free. If an attorney feels you have a malpractice claim worth pursuing, the attorney should take your case on a contingency basis, which means you do not have to pay anything until there is a successful suit and an award of damages. The attorney fees will come from the amount of damages awarded.

Indiana has a Medical Malpractice Act which governs the process. Any malpractice complaint must be filed within two years of the event that spawned the claim. Indiana places a cap on the amount of money a patient can recover, regardless of injury. All medical malpractice complaints are first presented to a medical review panel that will offer an opinion on the merits.

Following is a link to Indiana’s Article 18, which covers medical malpractice. You can scroll through and click on the various Chapters to read the law.

https://casetext.com/statute/indiana-code/title-34-civil-law-and-procedure/article-18-medical-malpractice

Good luck, Jak411.

 

[Jak411]

Thank you both!
Id like to think I can tie the amputation to the last dr visit. The dr directly says there is no open wounds.

do any of these help a case I may have

“Patient is
upset today stating "I opened a wound on her
foot". States there was no wound there
previously. Patient denies any nausea
vomiting chills shortness of breath or fever.”

“Obiective
Right foot: Patient has a fluctuant area to the
right first MPJ there is no open wound there is
an area of blister plantarly that has deroofed I
at one location I did check to see if there is any issue with that. Note obvious signs of
penetration however I do have a concern for a
foreign body.”

thank you again! I plan on gathering my records and setting up some appointments.

 

[cbg]

With respect, Jak, this is a legal board, not a medical one. The volunteers here are versed in legal matters, not medical ones. You will need a doctor to interpret what your records say. By all means talk to a medical malpractice attorney but you'll have to have him/her (or their medical experts) determine whether what you've posted has any bearing on any kind of case.

 

[quincy]

Thank you both!
Id like to think I can tie the amputation to the last dr visit. The dr directly says there is no open wounds.

do any of these help a case I may have

“Patient is
upset today stating "I opened a wound on her
foot". States there was no wound there
previously. Patient denies any nausea
vomiting chills shortness of breath or fever.”

“Obiective
Right foot: Patient has a fluctuant area to the
right first MPJ there is no open wound there is
an area of blister plantarly that has deroofed I
at one location I did check to see if there is any issue with that. Note obvious signs of
penetration however I do have a concern for a
foreign body.”

thank you again! I plan on gathering my records and setting up some appointments.

A personal review of your medical history, combined with the facts of your experience with the podiatrist, will be necessary to see if enough evidence exists to support a medical malpractice claim.

The review cannot be done from this distance or in a forum setting. The attorney you hire in your area will consult with medical experts and the attorney you hire probably will have you make an appointment with an independent doctor for an examination. Together, lawyer and doctors will determine if there is a medical malpractice claim worth pursuing.

I hope you find an attorney you like who can help you. Take care of yourself.

 

[Jak411]

With respect, Jak, this is a legal board, not a medical one. The volunteers here are versed in legal matters, not medical ones. You will need a doctor to interpret what your records say. By all means talk to a medical malpractice attorney but you'll have to have him/her (or their medical experts) determine whether what you've posted has any bearing on any kind of case.

Understood. Thanks again for the help.

 

[quincy]

Understood. Thanks again for the help.

Just Blue, cbg and I all appreciate the thanks, Jak411, so thank you.

Good luck.

 

[zddoodah]

It is impossible to assess the merits of a medical malpractice case on an internet message board. You need to speak with a medmal attorney who may decide to have a medical expert review your files.

 

[quincy]

It is impossible to assess the merits of a medical malpractice case on an internet message board. You need to speak with a medmal attorney who may decide to have a medical expert review your files.

Jak411 said s/he is already planning to gather records and set up appointments with medical malpractice attorneys.

 

[Jak411]

Curious to know if I could expand looking for a med mal attorney outside my state? I ask because I live near borders of two states and was wondering if they have to be in Indiana to file in Indiana?

I’ve reached out to a few attorneys but they turn me away before even seeing any records. One says he sued the dr last year and won but that I’d have to pay $1500 up front plus $1500 for dr to read the record. That doesn’t even guarantee that he’ll file a claim. I feel like he wants me to do all the work upfront and then he’ll swoop in the end and take 40%.

 

[Taxing Matters]

Curious to know if I could expand looking for a med mal attorney outside my state? I ask because I live near borders of two states and was wondering if they have to be in Indiana to file in Indiana?

The attorney need not live in Indiana or have an office in that state. However, the attorney must have license to practice in Indiana or obtain special permission to represent you from state supreme court, which known as appearing pro hac vice (which is a Latin term pronounced "pro hawk veechay"). So you'll need to ask the lawyer if he/she is licensed in your state or is willing to go through the hoops to try to get permission to practice in your one case pro hac vice. Between the two, it'd be better to find one actually licensed in your state.

 

[zddoodah]

Curious to know if I could expand looking for a med mal attorney outside my state? I ask because I live near borders of two states and was wondering if they have to be in Indiana to file in Indiana?

In order to file a lawsuit in Indiana, the lawyer must be admitted to practice in Indiana. It is relatively common for a lawyer whose office is near the border of two states to be admitted in both states.

One says he sued the dr last year and won but that I’d have to pay $1500 up front plus $1500 for dr to read the record. That doesn’t even guarantee that he’ll file a claim. I feel like he wants me to do all the work upfront and then he’ll swoop in the end and take 40%.

Why shouldn't you pay up front? And if you don't pay for the doctor's time, who should?

 

[Jak411]

In order to file a lawsuit in Indiana, the lawyer must be admitted to practice in Indiana. It is relatively common for a lawyer whose office is near the border of two states to be admitted in both states.




Why shouldn't you pay up front? And if you don't pay for the doctor's time, who should?

I guess this is where I’m ignorant. I thought lawyers took mal med cases on a contingent bases but maybe that’s personal injury. I also thought that if I did pay they would at least file and let the court decide it out. Instead I’m paying $3000 to have them read a few pages of my medical records that I supplied.

 

[Zigner]

I guess this is where I’m ignorant. I thought lawyers took mal med cases on a contingent bases but maybe that’s personal injury. I also thought that if I did pay they would at least file and let the court decide it out. Instead I’m paying $3000 to have them read a few pages of my medical records that I supplied.

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