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Foot & Ankle Problems Message Board


Foot & Ankle Problems Board Index


Hi! I was just wondering if anyone out there has any experience in seeking some form of restitution for a bunion surgery gone wrong. Let me begin with saying that I am in no way shape or form sue happy!!!!
To brief you on my issue, I have had bunions since I was 12 years old. I decided to have my first surgery in May of this year and the second pending on my rehabilitation. My podiatrist gave me options, but said " this procedure will prevent you from EVER having bunions again." I opted for the VERY invasive procedure. I figured why not go for the gusto and fix the problem completely. I ended up having a lapidus procedure done which consists of screws at the base of my my ankle practically. The difficult part of this procedure is recovery. I was completely NON-weight bearing in a cast up to my knee for 6 weeks. This put a huge damper on me financially and physically. I do understand that I chose this, but my understanding was that I would be "cured." Well, lo and behold, when the cast came off, my foot looked the same. He did not correct it properly, but kept arguing with me that it was "swelling." Anyway, my new podiatrist did my other foot and did an AWESOME job. It is perfect and feels great. I never knew feet could feel like this.

I point of my story is, that I am starting school in 2 months and I don't see myself having an opportunity to fix my messed up foot anytime in the next couple of years because I am a waitress. I cannot afford to be off work for 6 weeks. Is there any possibility of me getting restitution for lost wages with me getting my foot fixed properly. That is all I want! Just to be where I should be. I could get it done during the summer when I am not in school.

I appreciate any advice you have. This is seriously bothering me and needed to get it off my chest. By the way, my foot hurts worse now and the bunion is the same size. I have fresh bone rubbing on my shoe and my toe is completely over my second toe.

THANK YOU IN ADVANCE!!!
[QUOTE=Lasoniamacaroni]Hi! I was just wondering if anyone out there has any experience in seeking some form of restitution for a bunion surgery gone wrong. Let me begin with saying that I am in no way shape or form sue happy!!!!
To brief you on my issue, I have had bunions since I was 12 years old. I decided to have my first surgery in May of this year and the second pending on my rehabilitation. My podiatrist gave me options, but said " this procedure will prevent you from EVER having bunions again." I opted for the VERY invasive procedure. I figured why not go for the gusto and fix the problem completely. I ended up having a lapidus procedure done which consists of screws at the base of my my ankle practically. The difficult part of this procedure is recovery. I was completely NON-weight bearing in a cast up to my knee for 6 weeks. This put a huge damper on me financially and physically. I do understand that I chose this, but my understanding was that I would be "cured." Well, lo and behold, when the cast came off, my foot looked the same. He did not correct it properly, but kept arguing with me that it was "swelling." Anyway, my new podiatrist did my other foot and did an AWESOME job. It is perfect and feels great. I never knew feet could feel like this.

I point of my story is, that I am starting school in 2 months and I don't see myself having an opportunity to fix my messed up foot anytime in the next couple of years because I am a waitress. I cannot afford to be off work for 6 weeks. Is there any possibility of me getting restitution for lost wages with me getting my foot fixed properly. That is all I want! Just to be where I should be. I could get it done during the summer when I am not in school.

I appreciate any advice you have. This is seriously bothering me and needed to get it off my chest. By the way, my foot hurts worse now and the bunion is the same size. I have fresh bone rubbing on my shoe and my toe is completely over my second toe.

THANK YOU IN ADVANCE!!![/QUOTE]

Hi Sonia,
I also had a bunion surgery gone wrong, and I am having another surgery in 2 weeks. I completely understand where you are coming from!
If your first doctor did something negligent (like performed the wrong surgery, or performed the right surgery correctly) then you are entitled to all the monetary damages that are allowed under the law. This is usually pain and suffering, medical expenses and lost wages. However, you have to actually file a claim against this doctor. You don't necessarily have to file a lawsuit right off the bat, but you can request your records from the guy and make a claim with his liability insurance carrier. There is a time limit on how long you have to file a lawsuit against the other doctor. In most cases, it is 2 years, but there are certain exceptions to that rule.
I would strongly suggest that you talk to an attorney in your area. Many of them have free consultations and can let you know if you have a good case against the other doctor.
I hope all goes well with you, and good luck in nursing school!
Ami





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