You had a bunion operation that went wrong and now you want to sue for malpractice but do you have a case is the question. Before proceeding with malpractice over a bunion surgery, there are a couple questions you need to have answered if you have a case. Remember at all times bad results happen. Your doctor may have done everything correct and you just had a bad result; that is not malpractice. Malpractice means a Podiatrist intentionally did something wrong.
Now the chances of you getting a large settlement from a bunion surgery malpractice is very remote. Now I am sure you have googled and found the 1.5 million dollar verdict that some charlatan in NYC was able to get, that is the exception not the rule. Generally speaking if you win your litigation you are looking at winning between 25k and about 250k depending on damages. Now throw that statement out the window if your bunion surgery resulted in amputation or death, those would be extradorinary circumstances.
Do I have damages to sue for malpractice?
1. Did your bunion come back, in other words the surgery failed. If this happens it will greatly aid your case. if the surgery did not work you will have something visual to show the jury.
2. Scars don’t matter, they just don’t. If you think you can sue over a bad scar you are wrong.
3. Continued Pain, this is generally speaking the most common cause of a lawsuit. Here is the key for you: continued pain. You must be able to pinpoint it down to something the surgeon did. Did the Podiatrist choose a bad procedure, did he do it poorly? Also clipping a nerve in bunion surgery should not result in chronic pain. The nerves are so small there it doesn’t matter, so if you think that is what causing your pain you are wrong.
Remember the key to any malpractice surgery is MALPRACTICE. Your surgeon has to have done something wrong. A surgeon can do everything right and you can still have a bad result. Remember that at all times.