what constitutes malpractice

I am not licensed in PA, but can offer you general advice. You have concluded that the puncture was unnecessary without giving us any of the facts regarding how the puncture was caused. If indeed the puncture was negligent, there may be a viable cause of action. However, there are many things that can happen during trimming of nails, etc that may not necessarily be below the standard of care. Further, since staph lives on the skin, contracting an infection during a procedure is not below the standard of care. The failure to treat an infection, can be negligent. BUT, diabetics have great difficulty fighting off infections for a number of reasons and often even with good care- an infection will thrive and progress. It will be a very difficult job to find an expert who will support a case with facts like this one. That doesn't mean that you should not contact a local lawyer, I think you should.

Betsey Herd
Tampa, Florida

As I am not state, I can only offer you general advice. You may find it helpful to review some of the Legal Guides which I have published on Avvo.com, one of which addresses the question of what constitutes medical malpractice.