Legal Question in Medical Malpractice in Virginia
Surgery
I went to a Foot Doctor over 3 years ago when I stepped on a needle that broke off in my foot. He told me if it didn't bother me, not to worry about it. Then in Aug 2004 it started bothering me. I went to a surgeon and he scheduled an operation in Aug to remove the needle. I was to start clinicals at school the 3rd week of September and asked if I would be walking by then and he informed me that I would have no problems. I had the surgery and could not walk on the foot, it was numb and painful. After a period of time, he sent me to a Neurologist and to Physical Therapy. Then I had EMG's and CVS done was told I had nerve damage and had to have another surgery. After the 2nd surgery (by another surgeon)in Nov, I was told the 1st surgoen had placed 2 sutures around the tibial nerve and had cut the nerve after it branches off past the ankle. I am not in a cast till the mmiddle of December. I had to drop my Nursing classes back in August because of my foot and do not have any idea if I can go back in January.
Do I have a case for any expenses incurred for the 2nd surgery? Thank you for your time.
1 Answer from Attorneys
Re: Surgery
The main issue here in regard to your question is whether the treatment which you received in your first surgery breached or fell below the prevailing standard of care in the community which could be reasonably expected for such a surgery as you received at that particular time.
Obviously, in order to answer that question, many more facts would be needed.
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