Experienced Albany Podiatry Malpractice Attorney
Serving Victims in Albany, Saratoga, Troy, Schenectady and all of Upstate New York
Podiatrists are foot doctors – they specialize in conditions of the feet, ankles, and nearby areas. A podiatrist may treat anything from an ingrown toenail to fallen arches (“flat feet”). Unfortunately, malpractice is not uncommon. However, it can be challenging to win a malpractice claim against a stingy insurance company or a stubborn doctor concerned about his reputation. If you have suffered an injury due to Medical Malpractice don’t hesitate to call a knowledgeable Albany Podiatry Malpractice Attorney to discuss your case.
There are about 14,000 podiatrists in the U.S. Podiatrists do not hold MDs. A qualified podiatrist must have graduated from one of seven podiatric medicine schools in the U.S. that offer four-year degrees that are similar to an MD degree but more specialized. In New York, podiatrists are required to undergo one year of post-graduate hospital training after graduation.
Bases of Malpractice Claims
Podiatry treatment may be sought for bone spurs, bunions, ingrown toenails, flat feet, diabetes-related foot problems, and other conditions. The most common bases of podiatric malpractice claims are:
- Improper surgical technique
- Lack of informed consent
- Post-operative infection
- Excessive pain
- Misdiagnosis and failure to diagnose
- Unnecessary surgery
- Inadequate post-operative care
- Failure to timely refer the patient to another specialist
The Certificate of Merit
To file a New York medical malpractice lawsuit, you must submit a Certificate of Merit. This certificate must normally include a statement that the lawyer has consulted at least one other doctor about your case and has concluded that the lawsuit has a “reasonable basis.”
Many Medical Malpractice Cases Are Settled out of Court
At E. Stewart Jones Hacker Murphy, our Podiatry Malpractice Attorneys know how to negotiate with medical malpractice insurers and how to gather evidence that will convince the insurer it is better to settle than to risk a lawsuit (our stellar courtroom track record is also useful in this regard).
The Statute of Limitations
In New York, a medical malpractice lawsuit must usually be commenced within 30 months of the alleged malpractice. If the malpractice occurred during a “continuing course of treatment,” the 30-month period begins running on the date of the last treatment. If the victim is a child, however, the 30-month period does not begin running until the child’s 18th birthday.
Frequently Asked Questions (FAQs)
Does New York place a cap on medical malpractice damages?
No. Unlike many states, New York imposes no statutory cap on damages. This includes economic damages (e.g. medical expenses and lost earnings), non-economic damages (e.g. pain and suffering), and punitive damages (rarely awarded in any case).
Will I lose my claim if my injury was partly my fault (if I failed to follow the doctor’s instructions, for example)?
New York applies a “pure comparative fault” system whereby you lose the percentage of your damages that is attributable to your own degree of fault:
- If you were 20 percent at fault, for example, you will receive 80 percent of your damages.
- If you were 50 percent at fault, you will receive 50 percent of your damages.
- If you were 99 percent at fault, you will receive 1 percent of your damages.
Does New York apply a “discovery rule” that can extend the statute of limitations deadline for filing a medical malpractice lawsuit?
A discovery rule is a rule delaying the beginning of the statute of limitations period (30 months in New York) until the patient discovers or should have discovered the malpractice. New York’s discovery rule is very limited and is very unlikely to apply to a podiatry-based medical malpractice case.
What actions should I take if I suspect that I am a victim of podiatry-related medical malpractice?
Take the following actions:
- Obtain certified copies of all medical records related to your condition.
- Obtain “before” and “after” photos of the affected area if possible, even if you have to go to a new doctor to obtain the “after” photo.
- Obtain remedial medical treatment with a new doctor.
- Contact a New York medical malpractice lawyer that is knowledgeable about Podiatry Malpractice as soon as possible.
The World Has Noticed
At E. Stewart Jones Hacker Murphy, peers and clients keep showering us with recognition:
- U.S. News has named us a top-tier Albany law firm each year since 2011.
- Our lawyers enjoy high rankings from the AVVO legal rating service and the Martindale Hubbell legal directory.
- Several of our lawyers are members of the International Academy of Trial Lawyers.
- Many of our lawyers are listed among America’s Top 100 Attorneys.
Now is the Time for Action
The sooner you act on a potential podiatry malpractice claim, the better your chances will be. We also handle claims throughout the Capital Region, upstate New York, and beyond. If you suspect that you or your child is a victim of podiatric malpractice, discuss your case with Albany Podiatry Malpractice Lawyer. Contact us today to schedule a free consultation.