Podiatry Malpractice

Trusted Albany Podiatry Malpractice Attorneys

Helping Victims Across Albany, Saratoga, Troy, Schenectady, and Upstate New York

Podiatrists are foot doctors – they treat conditions of the feet, ankles, and nearby areas. A podiatrist may address anything from an ingrown toenail to fallen arches (“flat feet”). Unfortunately, malpractice is not uncommon. However, it can be challenging to win a malpractice claim against a stingy insurance company or a stubborn doctor concerned about his reputation. If you have suffered an injury due to Medical Malpractice, don’t hesitate to call a knowledgeable Albany Podiatry Malpractice Attorney to discuss your case.

Understanding Podiatric Training and Qualifications

There are about 14,000 podiatrists in the U.S. Podiatrists do not hold MDs. A qualified podiatrist must have graduated from one of seven podiatric medicine schools in the U.S. that offer four-year degrees that are similar to an MD degree but more specialized. In New York, podiatrists are required to undergo one year of post-graduate hospital training after graduation.

Common Bases for Podiatry Malpractice Claims

Podiatry treatment may be sought for bone spurs, bunions, ingrown toenails, flat feet, diabetes-related foot problems, and other conditions. The most common bases of podiatric malpractice claims are:

• Improper surgical technique
• Lack of informed consent
• Post-operative infection
• Excessive pain
• Misdiagnosis and failure to diagnose
• Unnecessary surgery
• Inadequate post-operative care
• Failure to timely refer the patient to another specialist

Importance of the Certificate of Merit in Malpractice Lawsuits

To file a New York medical malpractice lawsuit, you must submit a Certificate of Merit. This certificate must normally include a statement that the lawyer has consulted at least one other doctor about your case and has concluded that the lawsuit has a “reasonable basis.”

Settling Medical Malpractice Cases: What You Need to Know

At Hacker Murphy, our Podiatry Malpractice Attorneys know how to negotiate with medical malpractice insurers and how to gather evidence that will convince the insurer it is better to settle than to risk a lawsuit (our stellar courtroom track record is also useful in this regard).

Understanding the Statute of Limitations for Malpractice Claims

In New York, a medical malpractice lawsuit must usually be commenced within 30 months of the alleged malpractice. If the malpractice occurred during a “continuing course of treatment,” the 30-month period begins running on the date of the last treatment. If the victim is a child, however, the 30-month period does not begin running until the child’s 18th birthday.

Frequently Asked Questions About Podiatry Malpractice

Does New York Place a Cap on Medical Malpractice Damages?

No. Unlike many states, New York imposes no statutory cap on damages. This includes economic damages (e.g. medical expenses and lost earnings), non-economic damages (e.g. pain and suffering), and punitive damages (rarely awarded in any case).

Will I Lose My Claim if My Injury Was Partly My Fault?

New York applies a “pure comparative fault” system whereby you lose the percentage of your damages that is attributable to your own degree of fault:

• If you were 20 percent at fault, for example, you will receive 80 percent of your damages.
• If you were 50 percent at fault, you will receive 50 percent of your damages.
• If you were 99 percent at fault, you will receive 1 percent of your damages.

Does New York Have a “Discovery Rule” for Medical Malpractice Lawsuits?

A discovery rule is a rule delaying the beginning of the statute of limitations period (30 months in New York) until the patient discovers or should have discovered the malpractice. New York’s discovery rule is very limited and is very unlikely to apply to a podiatry-based medical malpractice case.

Steps to Take if You Suspect Podiatry-Related Malpractice

Take the following actions:

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  • Obtain certified copies of all medical records related to your condition.
  • Obtain “before” and “after” photos of the affected area if possible, even if you have to go to a new doctor to obtain the “after” photo.
  • Obtain remedial medical treatment with a new doctor.
• Contact a New York medical malpractice lawyer knowledgeable about Podiatry Malpractice as soon as possible.

Recognized for Excellence in Podiatry Malpractice Law

At Hacker Murphy, peers and clients keep showering us with recognition:

• U.S. News has named us a top-tier Albany law firm each year since 2011.
• Our lawyers enjoy high rankings from the AVVO legal rating service and the Martindale Hubbell legal directory.
• Several of our lawyers are members of the International Academy of Trial Lawyers.
• Many of our lawyers are listed among America’s Top 100 Attorneys.

Take Action Now: Contact Our Albany Podiatry Malpractice Lawyers

The sooner you act on a potential podiatry malpractice claim, the better your chances will be. We also handle claims throughout the Capital Region, upstate New York, and beyond. If you suspect that you or your child is a victim of podiatric malpractice, discuss your case with an Albany Podiatry Malpractice Lawyer. Contact us today to schedule a free consultation.