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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116779
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had Radio frequency ablation to remove neuromas from my

Customer Question

I had Radio frequency ablation to remove neuromas from my feet. The procedure went terrible. My feet still burn and hurt constantly. I called the Doctor almost immediately. He never called me in to see me but rather called in a pain management firm to see me .He told me that he is responsible for the process not the results. I told him that you are a professional person who is responsible for the results. I worked for an international accounting firm and we were made aware that our results are critical and our responsibility I paid $8100 for the procedure $8100.I told the Podiatrist to rebate my $8100 and I would not go any further. He is not responding to my letter I wrote 2 weeks ago nor has he responded to my email I sent this morning. Am I in the right doing this. Presently my feet are burning and I have e difficulty walking. The procedure was done about 4 montms ago.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: I wrote a letter to the Podiatrist saying if he does not pay we are going to hire a lawyer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, not all medical procedures produce the desired results and sometimes cause more medical problems. However, when they do it is not automatically malpractice by the doctor. Under FL law, in order to have a claim for malpractice against a doctor, you have to prove that the conduct of the doctor in performing the procedure was below the reasonable standard of care for a doctor of his skill level (for the purpose of this response it is the standard of negligence).
The first step here is that you need to get to another doctor who is a specialist in this field for an examination. The reason for this is that under FL law, before you can sue for malpractice you must send the doctor a notice of intent to file a malpractice suit and it must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. See: Fla. Stat. Ann. § 766.203. The doctor then has a chance to respond and also must include a verified medical expert opinion to refute the claims. Until this is done, a malpractice suit cannot be filed.
A medical malpractice attorney cannot really do anything without you having a medical expert opinion that something the first doctor did was negligent. It is not merely enough that the doctor did the procedure and it did not produce the desired result under the FL laws, you have to show it did not produce the desired result because the doctor was negligent.
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