Can i sue for medical malpractice?

Did you sign a disclaimer or a consent form before surgery? If so, check to see if you agreed to surgery even after told about the risk of the surgery, including infection.

I am not licensed in NY, but can offer you general advice. Generally acqiring an infection following surgery is not a deviation from the standard of care. Infections can happen with above average care. However, the failure to diagnose an infection IS a deviation from the standard of care. You have not given me the facts following your surgery so that I can give you an evaluation of whether you might have a viable cause of action for failure to diagnose. If you followed up with your podiatrist or orthopedist and there were signs of the infection, you might have a claim. Your recoverable damages will be those that flow from the delay in diagnoses. It sounds to me like right now you should concentrate on the healing process. If in the end, you end up where you would have been had the delay not occurred, you might spend more pursuing a claim than you could recover.

Lastly, if you have any doubts about your surgeon - you need to go to someone else for your follow up care. Good luck.

Betsey Herd
Tampa, Florida

There may be malpractice, but that is only the beginning of the inquiry here in New York. There are many other facts that would need to be discussed before a decision about proceeding against the medical provider could be made. Was this a physician or a podiatrist that performed the surgery? What was the surgery for? Where was the surgery performed, in a hospital or in the doctor's office? These are some of the questions that an experienced medical malpractice attorney would need answered before deciding whether or not your situation is a viable case. My suggestion is that you contact an attorney here in New York who has experience with medical malpractice and discuss it with him or her.

According to Wikipedia, "Osteomyelitis is an infection of bone or bone marrow with a propensity for progression, usually caused by pyogenic bacteria or mycobacteria," i.e. an infection. It's a very serious condition, and if it was caused by a failure to guard against infection following surgery, it sounds like malpractice. The issues are several: 1) whether it was a risk of a procedure (which I doubt, since it's so serious); 2) whether it was present before the procedure; and 3) whether it could have resulted at all from the procedure, and that depends on the medical literature. Without knowing the kind of procedure you underwent, and your medical history, your question cannot be answered completely, but chances are you have a case.

Since I practice in New York City, I'd be more than glad to discuss it with you further if you contact me directly.