Podiatry Malpractice

Podiatrists, also known as foot doctors, are medical professionals who specialize in diagnosing and treating conditions that affect the feet, ankles, and lower legs. While most podiatrists provide competent and effective care, there are cases in which negligence or malpractice can lead to serious injuries and complications that can significantly impact a patient's mobility, independence, and overall quality of life.

According to comprehensive research, 76.4% of foot surgery malpractice claims involve podiatrists, while orthopedic surgeons account for 15.3% of such claims. Alarmingly, 94.5% of podiatric surgery errors occur during elective procedures rather than those deemed medically necessary, highlighting a concerning trend of complications arising from nonessential surgeries.

Podiatrists face a plaintiff victory rate of 25.5% in malpractice cases, and when podiatrists lose malpractice cases, the average payment is approximately $911,884. The highest-paying podiatry malpractice cases have involved amputations, with awards reaching $3.5 million and $3.4 million respectively.

If you or a loved one has suffered harm due to podiatry malpractice in New York, the experienced attorneys at the Porter Law Group are here to help.

New York Podiatry Malpractice Attorneys

The dedicated legal team at The Porter Law Group understands the devastating impact that podiatry malpractice can have on your life. From chronic pain and mobility issues to lost wages and medical expenses, the consequences of negligent foot care can be far-reaching.

Research shows that 41.8% of podiatric surgery errors cause patients to experience persistent or long-term pain, while 27.3% result in foot deformation that can lead to physical disabilities requiring mobility assistance devices. New York does not cap damages in medical malpractice lawsuits, meaning plaintiffs can seek full compensation for economic and non-economic damages without statutory limitations.

Our knowledgeable attorneys have the skills and resources necessary to hold negligent podiatrists accountable and fight for the compensation you deserve. We work on a contingency fee basis, so there are no fees unless we win your case.

Contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.

What is Podiatry Malpractice?

Podiatry malpractice occurs when a podiatrist fails to meet the standard of care required by their profession, and as a result, causes harm to the patient. Like all medical malpractice cases, it involves a breach of duty that leads to injury or complications.

Common Types of Podiatry Malpractice

Surgical Malpractice - The most common source of podiatry malpractice claims:

• Performing unnecessary surgery (particularly concerning given 94.5% of errors occur during elective procedures)
• Using improper or outdated surgical techniques
• Operating on the wrong foot or toe
• Failing to properly sterilize surgical equipment

Diagnostic Errors

• Misdiagnosis or delayed diagnosis of conditions such as fractures, infections, or diabetic ulcers
• Failure to diagnose conditions such as infections, fractures, or tumors in a timely manner
• Inadequate examinations or failure to properly evaluate symptoms

Informed Consent Failures 

• Performing surgery without obtaining informed consent
• Failing to explain the risks, benefits, and alternatives of a procedure
• Misleading or incomplete information about recovery expectations

Treatment and Care Errors 

• Improper management of conditions like heel spurs, neuromas, or hammer toes
• Inadequate post-operative care leading to complications or infections
• Failure to refer patients to appropriate specialists when necessary

High-Risk Procedures

Certain podiatric procedures carry higher malpractice risks:

• Bunion Surgery - Accounts for 17% of surgical malpractice allegations
• Hammertoe Repair - Accounts for 7% of surgical malpractice allegations
• Ingrown Toenail Removal - Can result in infections, regrowth, or tissue damage
• Foot Fusion Procedures - Complex surgeries with high risks of improper fusion and persistent pain

Injuries and Complications Resulting from Podiatry Malpractice

The most common allegations in podiatric malpractice claims are failure to treat (45.5%) and inappropriate surgical procedures (27.3%). Contributing factors include technical performance issues (63%) and communication problems (36%).

Podiatry malpractice can lead to a wide range of injuries and complications:

Physical Injuries

• Chronic pain and discomfort
• Mobility issues and difficulty walking
• Permanent nerve damage or loss of sensation
• Deformities or disfigurement of the feet or ankles
• Infections, including bone infections like osteomyelitis
• Complex Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD)
• Amputation of toes or portions of the foot

Common Injury Types by Frequency

• Infections (18%)
• Persistent pain (13%)
• Malunion (10%)
• Fractures (6%)
• Nerve damage (6%)

What Type of Damages Can Podiatry Malpractice Victims Recover?

New York does not impose damage caps on podiatry malpractice awards, allowing for unlimited compensation. If you've been injured due to the negligence of a podiatrist, you may be able to recover financial compensation for:

Economic Damages

• Medical bills (past and future)
• Lost wages and loss of ability to work
• Rehabilitation and physical therapy costs
• Assistive devices and home modifications
• Additional corrective surgeries

Non-Economic Damages

• Pain and suffering
• Permanent disability and amputation
• Emotional and mental trauma
• Loss of enjoyment of life
• Diminished quality of life

Proving Liability in a Podiatry Malpractice Case

To succeed in a podiatry malpractice claim, your legal team must prove four essential elements:

1. Professional Duty of Care - A doctor-patient relationship existed between you and the podiatrist.
2. Breach of Duty - The podiatrist failed to provide care that met the accepted standard of practice in their field.
3. Causation - This failure directly caused your injuries or complications.
4. Damages - You suffered damages as a result, such as medical expenses, lost wages, or pain and suffering.

The top allegations in podiatric claims are improper management of surgical patients (41%) and improper performance of surgery (26%). A defendant podiatrist seeking summary judgment must show that there was no departure from accepted practice or that the alleged breach did not cause the patient’s injuries.

Proving these elements can be complex, requiring expert testimony from qualified podiatrists who can establish the standard of care and demonstrate how it was breached. We work with board-certified medical experts who can evaluate your case and testify that your podiatrist's negligence caused your injuries and resulted in damages.

New York Podiatry Regulations

Podiatrists in New York must be licensed by and currently registered to practice podiatry with the State Education Department. The practice of podiatry is regulated under Article 141 of New York Education Law, which defines the scope of practice and professional obligations.

All practicing podiatrists must complete 50 hours of continuing education in a three-year period. New York law has expanded the scope of podiatric practice through Chapter 438 of the Laws of 2012, which added ankle surgery privileges for qualified podiatrists, effective February 17, 2014.

Legal Framework for Podiatry Malpractice in New York

Statute of Limitations

New York has established specific time limits for filing podiatry malpractice claims that are identical to those for medical and dental malpractice cases. An action for podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same condition.

Lavern's Law Application

Lavern's Law, enacted on January 31, 2018, also applies to podiatry malpractice cases involving cancer misdiagnosis. When a podiatrist fails to diagnose cancer or a malignant tumor in the foot or ankle area, the statute of limitations begins from the date of discovery rather than the date of the alleged malpractice, with a cap of seven years from the malpractice date.

Certificate of Merit Requirement

All podiatry malpractice complaints in New York must be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with a licensed podiatrist who is knowledgeable in the relevant issues involved in the particular action.

Frequently Asked Questions About Podiatry Malpractice

Q: What percentage of podiatric surgeries result in malpractice claims? 

Research shows that 76.4% of foot surgery malpractice claims involve podiatrists, and 94.5% occur during elective procedures.

Q: How long do I have to file a podiatry malpractice lawsuit in New York? 

You have 2.5 years from the date of malpractice or end of continuous treatment. For cancer misdiagnosis cases, Lavern's Law extends this to 2.5 years from discovery, with a seven-year overall cap.

Q: Can I sue if my podiatrist performed unnecessary surgery? 

Yes. Performing unnecessary surgery is a common form of podiatry malpractice. Given that 94.5% of podiatric surgery errors occur during elective procedures, unnecessary surgery claims are particularly viable.

Q: What if my podiatrist operated on the wrong foot? 

Operating on the wrong foot is a clear example of surgical malpractice. These "wrong-site surgery" cases are considered never events and typically result in successful malpractice claims.

Q: How much can I recover in a podiatry malpractice case? 

New York has no damage caps. Recent cases include a $3 million verdict for wart removal complications and $900,000 for nerve damage. The highest-paying cases nationally have reached $3.5 million for amputations.

Q: What if my bunion surgery resulted in persistent pain? 

Bunion surgery accounts for 17% of surgical malpractice allegations. If your persistent pain resulted from improper surgical technique or inadequate care, you may have a valid claim.

Q: Can I sue for lack of informed consent? 

Yes. Failure to obtain proper informed consent is a common podiatry malpractice allegation. New York law requires podiatrists to thoroughly explain risks, benefits, and alternatives.

Q: What if my podiatrist failed to diagnose an infection? 

Diagnostic errors, including failure to diagnose infections, represent a significant source of malpractice claims. Infections account for 18% of injuries in podiatry malpractice cases.

Q: Do I need an expert witness for my podiatry malpractice case? 

Yes. New York requires a Certificate of Merit from a qualified podiatrist, and expert testimony is essential to establish the standard of care and prove it was breached.

Injured by Medical Malpractice in New York?

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Why Choose the Porter Law Group

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need. 

Contact The Porter Law Group: Your New York Podiatry Malpractice Attorneys

A foot injury may not seem as serious as other health problems, but podiatry malpractice can result in severe problems that significantly impact your life. It is crucial to seek the guidance of a skilled medical malpractice attorney to recover reasonable compensation for your injuries.

Most podiatry malpractice cases settle out of court, but the complex nature of these cases requires experienced legal representation to navigate expert testimony requirements and technical medical issues. Courts have emphasized the importance of adequate expert affirmations that properly establish the standard of care and causation.

If you or a loved one has been the victim of podiatry malpractice in New York, don't wait to seek legal help. The experienced medical malpractice attorneys at The Porter Law Group are here to guide you through the process of filing a malpractice claim and holding negligent podiatrists accountable for their actions.

We have recovered millions of dollars for victims of medical malpractice throughout New York. We stand ready to help you negotiate or fight the court battles for the financial compensation you deserve.

Contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation. We will carefully evaluate your case, answer any questions, and guide you through the necessary steps to move forward.

*Prior results do not guarantee a similar outcome.