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Category: California Employment Law
Satisfied Customers: 1248
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can i sue my doctors for failure to diagnose? i have diabetes

Customer Question

Can i sue my doctors for failure to diagnose? i have diabetes last October I developed what appeared to be a small foot wound on my right big toe after I broke the skin scratching. I went to see my podiatrist immiately I was told to care for it with Vaseline and some cream. It did not work and the wound started to spread. I went back to see the podiatrist and was prescribed athletes foot cream. I was told to continue to use Vaseline the wound continued to spread. My entire foot got swollen cracking bleeding and extremely painful. I then noticed that my left foot started to react in the same way. No one told me what was wrong with me. I could no longer wear shoes I made several trips to emergency and no one gave me a diagnosis. My daughter and I did some research on the Internet and looked under foot wound diabetes. We looked for foot problems with my symptoms. We found it I had cellulitis. They described me exact symptoms. I brought this information back to my doctor
They refused to acknowledge it. I went to emergency several more times because it got so bad I thought I was going to lose my feet. One doctor admitted that I did have. Cellulitis. Without a diagnosis you get no treatment. I told my podiatrist that if i had been diagnosed earlier my feet would not have gotten as bad as they were. All they needed to give me was penicillin. That would have taken care of my foot in the very early stage. I took pictures and a nurse took pictures when I was in the hospital
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Was your doctor aware that you had diabetes?

 

Do you expect that you'll have any permanent disability due to the misdiagnosis, or will your feet completely recover?

Customer: replied 3 years ago.
The individuals treating my feet knew that I had diabetes. I thought they were podiatrist. It was not until I saw another "podiatrist " that I was informed that the persons that had been treating me were nurses then she referred me to a podiatrist which is what the other nurses should have done before my feet got swollen so painfully swollen cracking and bleeding that I could not wear shoes or even walk without them. The podiatrist would not give me a diagnosis and this had been going on for months. My feet were in such horrible condition I could not get to the bathroom without help and had to be wheeled to appointments and I wheeled nmyself around my house in an office chair. i asked my podiatrist why was this happening to me when all they had to do was to give me penicillin in the beginning stage when the wound was easy to treat. I told him that my foot condition should never had gotten to that stage. It completely interrupted my life. I could not sleep because of the pain and I was constantly having to change by bandages the smell was so bad I thought I was going to lose my feet to gangrene. I had spoken to other care professionals about what was happening to me and I got no response from any of them. As. Far as my feet getting better, I have to wear oversized shoes because my feet still crack and bleed and I still experience pain
Customer: replied 3 years ago.
The individuals treating my feet knew that I had diabetes. I thought they were podiatrist. It was not until I saw another "podiatrist " that I was informed that the persons that had been treating me were nurses then she referred me to a podiatrist which is what the other nurses should have done before my feet got swollen so painfully swollen cracking and bleeding that I could not wear shoes or even walk without them. The podiatrist would not give me a diagnosis and this had been going on for months. My feet were in such horrible condition I could not get to the bathroom without help and had to be wheeled to appointments and I wheeled nmyself around my house in an office chair. i asked my podiatrist why was this happening to me when all they had to do was to give me penicillin in the beginning stage when the wound was easy to treat. I told him that my foot condition should never had gotten to that stage. It completely interrupted my life. I could not sleep because of the pain and I was constantly having to change by bandages the smell was so bad I thought I was going to lose my feet to gangrene. I had spoken to other care professionals about what was happening to me and I got no response from any of them. As. Far as my feet getting better, I have to wear oversized shoes because my feet still crack and bleed and I still experience pain. My feet have gotten much better but t don't think they will fully recover . My toe nails have turned black.
Expert:  Joseph replied 3 years ago.

Hello Diana,

 

I'm not sure who you would be pursuing a cause of action against? Didn't the initial podiatrist treat your condition, which would normally mean that he or she made a diagnosis whether or not that diagnosis was actually shared with you.

Customer: replied 3 years ago.
I don't know what else to tell you other than the nurses who treated me failed to properly treat me when I first came in with my foot wound problem. I was misdiagnosed and given treatments that were not working Instead of refering me to the podiatrist so that I could get the help that I needed to bring my foot wound under control they allowed it to get to the point where it spread and became infected. I experienced an great deal of needless pain and suffering as result. Although the infection has finally been brought under control after a nurse referred me to the podiatrist, I am still recovering after months of not being able function independently. Someone needs to be held accountable for neglecting to properly diagnose and treat me. They all knew that I was diabetic it is in my medical records and I told them. There is. No excuse for what I was put through. I could have lost my feet and because I didn't does not make my experience any less traumatizing !!
Expert:  Wendy-Mod replied 3 years ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

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