On April 1, 2010 I had surgery to remove a painful pin from my foot after a bunionectomy performed by the same doctor on December 17, 2008. Following the suture removal on April 10th, my wound was seeping fluid and after the doctor tested for a staph infection, which was negative I was told that it would either get worse or better. If it got worse, I would have a red line going up my leg and I should go to the hospital, other than that he prescribed me an antibiotic and told me there was nothing more he could do. After several more visits to his office to show him that my foot was still not healed, he became very agressive with me and told me that he had done nothing wrong and that there was nothing more he could do for me and that he was placing my file in the "history pile". I called his office two days later to tell them that my foot was swollen and I needed him to look at it again. I called three times and after speaking to the nurse twice was told that she would call back. Their office never returned my calls.

I sought treatment from another podiatrist who at the time aspirated my foot which resulted in a huge wound. Pathology reports proved that I had an abcess and toxins were released when aspiration was performed. I was sent to the wound care center at the hospital on July 7th. I have been treated daily at the wound center and have had 28 hours in the hyperbaric oxygen chamber. I am awaiting a skin graft and my tendon was exposed and has now torn completely. Can I file a malpractice lawsuit against the original doctor?

Optional Information:
State/Country relating to Question: Texas

Already Tried:
I have contacted 2 lawyers by email, and wrote a brief description of my situation. Neither has contacted me.