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I saw a podiatrist in Sept 2014 for a gait problem. I am…

Customer Question
I saw a podiatrist...

I saw a podiatrist in Sept 2014 for a gait problem. I am diabetic and have lost most feeling in my feet. He decided to trim a calls on my right great toe that had not been bothering me at all. The callus was trimmed down too deep and became infected, I continued to see him a few times afterwards but after following all his instructions i developed a severe infection and cellulitis. I then went to comprehensive wound care and ended my relationship with the podiatrist. I have spent to last 3 years being treated for this unhealing diabetic would ulcer. all because a podiatrist chose to cut on a toe of a patient with uncontrolled diabetes. Do I have a case?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Im in Georgia

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just had my little toe on that same foot amputated due to pressure ulcers cause by bearing weight on that side of my foot to decrease the weight on my big toe

Submitted: 1 month ago.Category: Employment Law
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Answered in 8 minutes by:
3/21/2018
Employment Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Employment Law
Satisfied Customers: 2,898
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
.
Give me just a moment to review what you've written.

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Employment Lawyer: Olivia Kent, Attorney replied 1 month ago

I want to explain to you a bit about medical malpractice law. With medical malpractice it depends upon whether the doctor failed to meet the standard of care - The evaluation depends upon what a MEDICAL expert views as having met or failed to meet the standard of care - as opposed to whether an attorney feels the standard of care has been met - or not. And I say that as someone who graduated both medical and law school. You'll need to meet with an attorney - and that attorney will ask one of their medical experts to evaluate whether your case rises to the threshold of malpractice. The very best way I know of to find an attorney would be to use the nationwide database www.martindale.com which will allow you to search by state and by specialty. It's the database that attorneys use when they themselves need an attorney (for themselves or as local counsel on cases). They'll look at whether the callus was in fact trimmed down too deep and whether it reasonably could have led to the infection (since it's not uncommon for diabetics to get wounds that won't heal, right?). Please let me know if that answers your question. So I don't want you to feel like I'm punting your matter to someone else - I just want you to know that regardless of whether you have a "good case" or a "bad case" per the opinion of anyone on this site, you'll need to speak with a local medical malpractice attorney to see if they will take the case - and that will depend upon whether THEIR expert (medical expert, that is) feels that it would be a case where they can prove that the standard of care was not met. Does that make sense? Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Reminder: This site is for general information for educational purposes only and does not constitute legal or medical advice.

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Customer reply replied 1 month ago
can you tell me if there is a time limit to file a claim in GA?
Employment Lawyer: Olivia Kent, Attorney replied 1 month ago

Absolutely. Give me just a minute :)

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Employment Lawyer: Olivia Kent, Attorney replied 1 month ago

"The standard statute of limitations for a medical malpractice lawsuit in Georgia can be found at section 9-3-71 of the Official Code of Georgia Annotated, and it says 'an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.'" https://www.nolo.com/legal-encyclopedia/georgia-medical-malpractice-laws.html

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Employment Lawyer: Olivia Kent, Attorney replied 1 month ago

H​i there :) I wanted to make sure you got my last couple of answers. If I can help you with anything at all please let me know!

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Olivia Kent
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Category: Employment Law
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