Should I contact a lawyer for nerve damage from unnecessary foot surgery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I contact a lawyer for nerve damage from unnecessary foot surgery?
I had surgery for what was supposed to be a fatty mass in my foot. Prior to surgery the Dr ordered an X-ray, ultrasound, and MRI. The doctor found nothing on all 3 tests but because he could feel the lump he decided it should come out. When I came to from surgery the doctor said that I actually had a tear in my planterfascia tendon (which should have been found on MRI) and he’s sorry he missed it. During the surgery a nerve was cut and now I’m left with sever pain as well as total numbness of my toes. If the tear was properly diagnosed I would have never had surgery to begin with. I live in Millville, NJ.
Asked on February 1, 2012 under Malpractice Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to speak with a medical malpractice attorney.
Prior to filing a lawsuit against the doctor for negligence, it would be advisable to obtain a second opinion. Obtain your medical bills, medical reports and documentation of any wage loss. It may be possible to settle the case with the doctor's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier would include the medical bills, medical reports, and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. If the case is settled with the malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor. If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.