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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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On April 1, 2010 I had surgery to remove a painful pin from

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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?

Good evening. You do have a case against this doctor. The reason the lawyers have no returned your call is that the dollar value of your case is probably not enough to get their attention. The value of your case can be calculated as: i) your medical damages, plus ii) 2 to 3 times your medical damages for pain and suffering, plus iii) lost wages, plus iv) the value of any permanent impairment based on the doctor's actions. In order to get an attorney to take this on a contingency basis, you will need to give up 1/3 to 40%. If you call the State Bar Association, they will make a referral for you.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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