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What is the name of your state? New Mexico

I was working in road construction. I had foot pain that made it hard to work beeing on my feet all day. I saw my Primary Care Phy. The PCP could not help and i needed a specialist. so the PCP gave me a referal to a foot Dr. the Foot DR X rayed my foot did a full exam and stated that i had hammer toes on both feet as well as bunions. After some convincing I desided to have the elective surgery that the foot doctor sugested. the bunions removed as well as correction of the hammer toes. I only had the surgery on one foot. The doctor stated that should be off my feet for about 6-8 weeks and able to return to work at 8 weeks as documentd by the doctors signature on a New Mexico Department of labor form.

My surgery and post op care was handled by another foot doc at the same practice. This was a new doctor to this practice. After the surgery my foot turned BLACK the foot swelled up to 4 to 5 times normal size. A Week after I had the surgery i was admitted to the hospital by the main foot doctor at the practice and was treated with IV anti-biotics and demerol for the pain for 4-5 days. My foot was very swollen and emmiting puss from the wound and the sorrounding non-wound skin. The New Doctor did not wash his hands before or after seeing any patients and did not wear gloves. The Nurse/ Tech at the practice stated that out of the 12 cases that this new doctor saw 09 came down with and infection following treatment. Immedately after me beeing admitted to the hospital the main doctor came into my room and stated that he had to let the new doctor go. But did not state why. the new doctor came into my room later and stated that he was leaving the practice and I could contiune beeing his patient if i wanted. I told him i would have to talk to the main doctor first but thanks. Then the new doctor stated that i should not worry because his insurance was paid up. (this kinda scared me)

I spent the next 8 weeks in a cast on crutches unable to put any weight on the bad foot. Then I spent 8 weeks in a ortho type boot life got a little better I could walk with out cructches. Then the doctor told me that I had to wear a special brand of athletic shoe. I have been in these shoes the last 4 months. Now it has been 8 months since surgery and Im in twice the pain now than I was before the operation. I cannot sleep at night because of the pain and I am unable to work. I cannot stand or walk on my foot for more than 30 minutes with out it sending sharp crippling pains.

My referal from My PCP has expired. And I have recieved a bill from the foot doctor for my last visit. I can not go see the foot doctor because I can not afford to do so. I can not work and the pain is truely unbrearble.


Senior Member
Infection is not an uncommon complication followwing any type of surgery and you were aware of this when you signed the surgical consent. Unless you can definitely prove, which you cannot, that the doctor was the negligent cause of the infection, you do not have a lawsuit in which you will prevail.
What you do need is another doctor to determine if you are on the road to recovery. If the infection is gone then you are in the slow process of healing. If the bunionectomy involved the joint and necrotic bone was present then recovery can take over a year.


Senior Member
On the issue of your insurance--someone is not communicating your need for continuing medical care to your insurance provider in a manner that justifies the need for continued treatment. Please follow up on that and be sure to point out that you are not fully recovered, have no way of knowing if you will require physical therapy, etc. Inform the insurance company of your entire experience. You have the right to receive medical treatment until such time as you are fully recovered. Take this all the way to the plan's administrator or even higher if necessary. Involve your physician in the process with the insurance company.
Best wishes,

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