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Medical malpractice lawsuit claims failure to disclose risks

Oct 4, 2013 | Doctor Errors

When going in for a surgery, the doctor should fully disclose any associated risks. This way, a patient can decide to either consent to the surgery or look into other possible options. 

Not disclosing risks of a foot surgery is the reasoning behind one woman’s lawsuit against a podiatrist. She claims the surgery ended up doing more harm than good and that she was not properly informed of possible risks before consenting to the surgery. 

The case goes back to July 2011. The woman was experiencing a burning feeling between the toes on her right foot when she walked. Concerned about what was going on, she went to go see the podiatrist. 

This podiatrist ended up performing a number of surgical procedures on the woman’s foot. At the time, the podiatrist allegedly described these procedures as being minimal in nature. The podiatrist also supposedly told the woman she would quickly recover. 

However, her recovery was not quick. In fact, the bones in her foot did not properly heal and she had to go through several more procedures with other medical professionals. 

In addition to not being told about the risks, the medical malpractice lawsuit claims the surgeries done by the podiatrist were not necessary and that this podiatrist did not exercise ordinary care in performing the procedures.

Now, she is suing for a number of reasons, including pain, disfigurement and medical expenses. 

In a case such as this one, one has to wonder if all of the complications could have been avoided had she learned about more options. Maybe if she knew about the possible risks she would have decided against the procedures?

For New York City residents, this recent lawsuit should serve as a lesson to the fact that there are legal options often available when it is believed a doctor’s failure to disclose led to medical complications. 

Source: The Southeast Texas Record, "Texarkana podiatrist sued for medical malpractice," Michelle Keahey, Sept. 23, 2013