Legal Question in Medical Malpractice in New Jersey
i had foot surgery 11/09,told the dr i had pain & was unable to wear a dress shoe. he sched the surgery & removed a bone spur on the top of my foot. in july of this year i saw a different dr for the same foot pain & inability to wear a dress shoe. his x-rays showed a bunion & a narrowing of the joint in the great toe, and recommended repeat surgery. (in less than a year of original surgery) was the original doctor negligent in not repairing the entire problem????
2 Answers from Attorneys
If you believe you have a case, I urge you to start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.
From the facts you presented, I, personally, do not see a malpractice case I would investigate because, according the information you provided, the problem the first doctor allegedly missed is, in theory, correctable.
This is my opinion only, and as I said above, I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.
Your question is more of a medical question than a legal question. No medical malpractice case may be commenced until a medical expert finds that malpractice has occurrred. First, ask your current physician. If the answer is yes, then contact an attorney to see whether you should proceed.