Can I Sue for Faulty Foot Surgery - morgan and morgan
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Can I Sue for Faulty Foot Surgery?

Can I Sue for Faulty Foot Surgery?

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Can I Sue for Faulty Foot Surgery?

Statistics show that at least 75 percent of Americans will experience foot problems at some point in their lives. Some of these problems require surgery. While some surgical procedures are successful, some go horribly wrong, leaving many patients wondering whether they can sue for faulty foot surgery. 

The direct answer to this question is yes. However, it all depends on various factors, which we'll discuss later in this article. 

But first things first, let's take a look at some important statistics about foot surgery malpractice. 

A study evaluated various cases of foot surgery malpractice lawsuits over a 13-year period. The study concluded that 76.4 percent of the 72 cases analyzed were filed against podiatrists and about 15.3 percent against orthopedic surgeons. 

Approximately 94.5 percent of the lawsuits filed against podiatrists cited elective surgery. Additionally, 41.8 percent of the cases were due to persistent pain, while 27.3 percent cited deformation.

The research further discovered that 45.5 percent of the lawsuits blamed failing to treat various foot-related problems. Lastly, 27.3 percent cited inappropriate surgical procedures. From these statistics, it's logical to conclude that foot surgery can lead to serious injuries. 

As a result, some individuals leave the surgical room with even worse pain and discomfort than before. When that happens, it may be necessary to file a lawsuit, especially if there's reason to believe that the individuals responsible for performing the faulty surgery acted negligently. 

Cases of faulty foot surgery usually fall under medical malpractice. For this reason, it's always advisable to hire a medical malpractice attorney if you believe someone acted negligently and caused you harm during or even before the surgery. 

We'll discuss the importance of hiring such an attorney a little bit later. But, for now, let's discuss medical malpractice and why it's not the easiest of cases to prove. 

Medical Malpractice Explained

Medical malpractice is a term that describes professional negligence by a health care provider, leading to substandard treatment or injury to a patient. However, proving negligence is one of the most difficult things to do. As a result, many victims of medical malpractice never receive the compensation they deserve, even with the presence of visible injuries caused by a negligent healthcare provider.

This is because there are so many technicalities involved when defining medical malpractice. Sometimes, the medical malpractice definitions and laws vary from jurisdiction to jurisdiction, making it even more difficult but not impossible to define this term from the legal perspective. 

Additionally, thousands of medical malpractice claims are filed in the United States every year. These claims usually involve huge sums of money as compensation. As a result, many insurance companies pump up their premiums for medical providers. 

In an attempt to lower the premiums healthcare providers pay insurance companies to protect themselves against medical malpractice cases, some states have made it much more difficult for malpractice victims to hold the negligent party responsible. For example, if you or your loved one has gone through a faulty foot surgery warranting a lawsuit, you may have a rough time trying to sue the negligent party. It's even more difficult to win the case if you don't have a medical malpractice attorney representing you. 

Depending on the state, your medical malpractice attorney may be required to:

  • certify that they have conducted a pre-lawsuit investigation;
  • confirm that an existing law supports the claim;
  • provide certifications from medical experts confirming the validity of the claim;
  • give the defense advance notice of the medical malpractice claim;
  • participate or cooperate in any investigation the defense conducts regarding the claim;
  • pursue an out-of-court settlement before filing a lawsuit, and;
  • present their claim to a malpractice review board to seek permission to proceed with the lawsuit in court.

The bottom line is, it can be frustrating and exhausting to prove medical malpractice. This explains why most victims of faulty foot surgery seek the help of an experienced medical malpractice attorney to evaluate their options and create the best legal strategy. 

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FAQ

Morgan & Morgan

  • What Damages Can I Recover From a Faulty Foot Surgery?

    Faulty foot surgery cases vary from one individual to another. However, in most cases, the plaintiff may be able to recover compensation for:

    • medical expenses arising from the injury or related complications; 
    • cost of medical equipment;
    • loss of wages;
    • pain and suffering as a result of the faulty foot surgery;
    • punitive damages;
    • and so on. 
  • Where Should I Go if I Need to Sue for Faulty Foot Surgery?

    As discussed before, medical malpractice cases are much more difficult to prove. Hiring an experienced medical malpractice attorney is your best bet at winning a faulty foot surgery claim. 

    Here's how this attorney can help. 

    Evaluating the Case
    Even before filing a claim, a medical malpractice attorney will evaluate your case. This process determines whether you have a case against the defendant. If established that there was negligence during or before the foot surgery, it may be necessary to take legal action against the parties responsible.

    At Morgan & Morgan, we provide all potential clients with a free case evaluation. If you or your loved one has undergone faulty foot surgery, all you need to do is fill out our free case evaluation form online, and one of our representatives will contact you within 24 hours. 

    Collecting Evidence
    For a medical malpractice case to proceed to court, it must be evaluated by experts, including the defense. This means that the plaintiff, through their attorney, must collect solid evidence to prove negligence before or during the medical procedure. 

    Given that medical malpractice attorneys are familiar with such laws and requirements, they know what qualifies as solid evidence and what may be dismissed by the defense. This makes it easier to focus on the most critical evidence rather than settling on something that makes more sense theoretically but not legally. 

    Morgan & Morgan medical malpractice lawyers can help you gather important evidence to prove you had a faulty foot surgery due to someone else's negligence. This is because we are the biggest personal injury law firm in the country and have access to some of the most sophisticated legal resources available.

    Once we've established that you have a credible case against the defense, we'll do whatever it takes to collect vital proof that will be nearly impossible to overturn. We'll travel far and wide to interview witnesses, talk to experts, collect necessary paperwork, or anything else it takes to help you win the case. 

    Evaluating the Value of a Claim 
    There is no standard claim value when it comes to medical malpractice cases. Each claim varies depending on the type and severity of the injury. It takes the experience and knowledge of a medical malpractice attorney to evaluate how much you are entitled to as compensation. 

    At Morgan & Morgan, we understand the importance of securing the compensation you need to get on with your life after faulty foot surgery. Our attorneys can help calculate every single penny you deserve as compensation. In addition, we'll pursue every legal avenue possible to maximize your compensation because you don't deserve to suffer due to someone else's negligence. 

    Negotiating Settlement 
    Our law firm has a strong reputation for securing compensation of up to 20 times more than the initial offer. But you shouldn't take our word for it; check out our most recent results in medical malpractice cases. 

    As the largest personal injury law firm in the country, we've encountered all kinds of medical insurance companies when representing our clients. No amount of intimidation can stop us from fighting for your rights. And if the insurance company isn't willing to settle out of court, we'll see them in court. 

    Arguing Your Case
    If the other party's insurance company decides to take the case to court, an attorney can argue your case before the judge or jury. At Morgan & Morgan, our attorneys are never afraid to go to court if that's what it takes to get the compensation you need and deserve. In fact, we require our lawyers to pursue a certain number of cases in court every year. 

    Expediting the Claims Process
    You can count on an attorney's experience to expedite the claims process because they understand how much it means to you. The goal is to ensure that you get the results you deserve at the appropriate time, and that's something an attorney can help you with. 

    Saving Your Time
    The process of filing a medical malpractice claim, especially for something as complex as foot surgery, can be time-consuming. This is because there's usually a lot of paperwork involved and countless legal hurdles to navigate. The last thing you want, amidst the pain and suffering caused by faulty foot surgery, is to pursue such a claim without help. 

    Some victims of medical malpractice abandon their claims halfway through the process out of frustration and exhaustion. Understandably, they find it difficult to balance their injuries and endless battles with the defense. If you or your loved one is in such a situation, you need to talk to a medical malpractice attorney. This attorney will carry the legal burden on your behalf as you focus on recovery.

    Beating Deadlines
    Personal injury claims are usually time-sensitive. This is because each claim has a statute of limitations, but generally, most states have a three to five-year statute of limitations for medical malpractice claims. This explains why it's crucial to contact an experienced medical malpractice attorney from a respected law firm like Morgan & Morgan. 

    Remember, each state has its own rule regarding the exact moment the statute of limitations clock begins to count. In some states, the clock may begin to count when the malpractice occurred. In other states, the countdown starts when the victim of malpractice discovers the harm or malpractice.

    However, suppose the treatment was ongoing. In that case, the countdown may not commence until the last day of treatment. 

    It's also worth noting that the statute of limitations is not the only deadline you need to worry about. Throughout the course of the claim, you'll encounter various processes, each having a unique deadline. However, you can beat such deadlines with the help of an experienced attorney. 

    Expert Advice
    It's difficult to trust anyone, especially after a failed surgery. Nevertheless, when you have a medical malpractice lawyer from Morgan & Morgan on your side, you can rest easy knowing that they have your best interests at heart. These attorneys boast years of experience and valuable connections with medical practitioners that may be familiar with your foot problems. When everyone seems to be against you, an attorney can ultimately turn out to be your one true friend in such a situation. 

  • How Morgan & Morgan Medical Malpractice Attorneys Can Help

    We've discussed how complex it is to file a medical malpractice claim, let alone a successful one. For this reason, you need a law firm with the right resources, experience, and proven track record to represent you in and out of court. 

    If that's what you're looking for, Morgan & Morgan is one phone call away. We are a law firm for the people, established to fight for the rights of individuals who may otherwise find it difficult to afford a lawyer. This is why we offer a free case evaluation and a contingency payment system, meaning you don't pay us anything unless we win the case.

    So call us today at 877-621-7573 or fill out our free case evaluation form, and we'll get back to you as soon as possible. 

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