Legal Question in Medical Malpractice in Michigan

Foot surgery

I had a doctor do foot surgery 2 1/2 years ago the doctor was supposed to do a planters faciotomy and bone spur removal however, after getting the cast off my foot i noticed numbness and tingling in my last 3 toes every time i walked i got sharp pain shooting through my foot, went back to the doctors again and asked what happened why are my toes numb and sharp shooting pain in my foot he said there is no way to find out so you can just go to therepy and take medication. I went to a different doctor and that doctor said you need to have an emg right away and you have a uge bone spur on your heal (which was supposed to be removed) so i found a surgeon for nerve grafts because it was diagnosed to be nerve problem. I just had surgery again a week or so ago and had the nerve tucked in my tibia in my leg so that the pain will go away. My attorney now is telling me that i probably dont have a law suit against that doctor because you have to find an expert witness what do you think can i sue for this of what. I would appreciate a response from you i confused.


Asked on 4/10/09, 4:44 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Foot surgery

Your attorney is correct in that you must find a well qualified, expert of the same specialty as the one who did the surgery to testify that the surgeon did something that a doctor of similar training and experience would not have done and that this error directly caused your problems. Most doctors who testify will not testify against another local doctor so you must go out of state to find such a doctor. If a podiatrist did your surgery, you may have to find an expert who is familiar with the local standard of care. It is a difficult task to find proper experts. William S. Stern

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Answered on 4/11/09, 8:53 am
William Stern William Stern, P.C.

Re: Foot surgery

I also must point out that the statute of limitations in malpractice cases is very limited and you may be too late anyway. William S. Stern

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Answered on 4/11/09, 8:54 am


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