Possible malpractice

[knight1]

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

My fiance had surgery on her foot. (Bunyon removal) The first doctor apparently didn't do the procedure correctly because she had complications for some time... We had to redo the surgery. It has been 2 1/2 years since surgery even after 2nd surgery her big toe still does not touch the floor. Since no surgery is perfect we weren't sure if we would/should seek legal recourse... The dr has since retired.
Please assist.
Knight1

 

[ecmst12]

Unsuccessful out come does not, by itself, indicate malpractice. There would have had to be something done by the surgeon which did not meet the standard of care. Sometimes, even when a procedure is performed correctly, it is not successful.

 

[Prima Facie]

Unfortunately, Virginia's statute of limitations does not allow recovery after 2 years unless "fraud, concealment or intentional misrepresentation prevented discovery of the injury."

Considering the limitations of this setting I wouldn't presume to conclude that the statute of limitations has already passed (your finance should consult with a local attorney to be sure), but it doesn't look good.

In addition, ecmst12 is correct that a failed procedure does not necessarily indicate malpractice. Your fiance would first need to get a second physician to conclude that the first physician failed to provide the required standard of care under the circumstances and in the geographic region. Therefore, a second opinion is vital to your fiance's case.