Quick Facts
- Podiatry malpractice lawsuits are complicated. You need a lawyer with:
- Experience with experience in podiatry cases.
- Access to experts who can prove when negligence has occurred.
- A legal team that has the experience to reach a fair settlement or win a fair financial recovery in court.
If you sought the help of a podiatrist and your condition became significantly worse after treatment, you should consult a legal professional. It is certainly possible that you will need medical opinions and potentially corrective treatments from a new podiatrist or specialist; however, these medical expenses can pile up quickly. A good podiatry attorney in your state can help you get a financial settlement to cover those medical expenses and more.
To schedule a free case review with a podiatrist malpractice lawyer serving Baltimore, call Brown & Barron at (410) 698-1717 or contact us online today!
Just because a law firm will take your case, it does not mean they are experienced in podiatry malpractice. You will want to find a competent legal professional, one with experience in medical malpractice and podiatry in particular. They can help you get the financial recovery to ensure you get the care and other expenses you deserve if you have been the victim of podiatry malpractice.
How Does a Successful Malpractice Case Work?
There are three core aspects your legal team will need to prove to win a podiatry malpractice settlement or a verdict, and this is true of most any type of medical malpractice. When you are injured after a podiatry experience in Baltimore or anywhere in the state of Maryland, you and your legal team will need to prove:
- The podiatrist owed you a standard of care
- The podiatrist failed to provide this standard of care; and
- You were injured as a result of their failure in this regard.
If you choose a good podiatry attorney in Maryland you will be able to get the facts about your case from the podiatrist and the facility, get medical experts to review the facts of your case, and prove negligence if it occurred. Then your team will calculate the financial settlement amount that will ensure you get the care you need and the justice you and your family deserve.
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Does a Podiatry Case Always Go to Court?
In many instances, a good legal team will gather such a strong set of evidence, that the podiatrist’s legal team will prefer to handle the matter without the time and expense of a court battle. In these cases, your legal team and the podiatrist’s legal representation will negotiate a fair financial settlement, based on the nature of the negligence and the past, present, and future financial damages that were inflicted. If the defense is unwilling to accept a fair offer for settlement, you need an attorney that is not afraid to take the matter to court, where a jury decides on the verdict and financial recovery. This decision is made between you and your podiatrist malpractice legal team. Brown & Barron offers the best of both worlds in podiatry malpractice, because we have a reputation for having no fear of taking a case to court and winning, which makes defense teams more likely to accept our settlement offer without going to court.
Who Owed You a Duty of Care?
The first item is pretty straightforward: proving that the defendant (e.g., the podiatrist) owed the plaintiff (e.g., the patient) a standard of care. Essentially, this means proving that there was a doctor/patient relationship. However, in a medical malpractice case the claim can be made against the podiatrist and/or members of their staff, the hospital or medical facility, or the manufacturer of a specific tool or device. An experienced podiatry attorney will help you determine who among these are potentially negligent based on the facts of your situation. Your attorney needs to practice law in the state where the injury happened. For instance, Brown & Barron handles podiatry cases in Baltimore, as well as the rest of Maryland, and also Washington, D.C.
How Do You Prove That the Duty of Care Was Not Met?
The primary reason for hiring a podiatry malpractice attorney with specialized medical and podiatry expertise, is the ability to prove what should happen in a podiatry treatment and where things were improperly managed. A podiatrist or a medical facility is not always forthcoming about mistakes that might have been made on their end. An attorney can demand the medical records of the client’s treatment and have it reviewed by third-party medical experts. These experts will be able to create a compelling argument that leads to the podiatrist’s defense team settling out of court or convincing a jury in a courtroom setting to award you the amount with a successful verdict.
Some of the ways that a patient’s podiatry experience can be handled improperly include:
A late diagnosis or misdiagnosed condition. They missed something serious that they should have detected or made an assessment error that should not have occurred and pursued the wrong treatment.
Lack of informed consent. The podiatrist did not explain the treatment, the risks involved, the data supporting the chances for success, and any treatment alternatives to the patient.
Insufficient clinical support for surgery. The podiatrist pursued a surgical strategy that goes against the established recommendations of the podiatry community.
Improperly performed surgery. An avoidable mistake was made during surgery, leading to an injury.
Poor post-operative care. An injury occurred due to a lack of follow-through by the podiatrist or other medical professionals.
How Do You Prove You Were Injured as a Result of Podiatrist’s Negligence
Your Maryland podiatry malpractice legal team will use the testimony of medical experts in podiatry to prove how the injuries and the negligence are connected. With the help of other experts, the legal team will calculate a fair settlement to cover the economic damages (e.g., medical bills, mobility equipment, lost wages) and non-economic damages (e.g., pain and suffering).
Compensation is determined through an objective inspection of the damages you have suffered because of the other party’s actions. For a podiatrist malpractice claim, damages often include but are not limited to:
- Medical bills: If you had to go to the emergency room or be hospitalized because of your injury, you can include these out-of-pocket costs in your claim. This also includes doctor’s visits, medications, and medical supplies you had to pay for. If your injury requires you to need future medical care, our attorneys can calculate the value of that loss to include in your claim.
- Lost wages: If you were out of work while you recovered from your injury, you can include lost wages in your claim. This also includes any future earnings you will lose if you are unable to return to work in the same capacity because of your injury.
- Disability accommodations: This includes wheelchairs, walkers, or other assistive walking devices. You could also include any accessibility modifications you have had to make to your home or car.
- Emotional distress: If you had an unpleasant emotional reaction because of your injuries or the incident that caused your injuries, you can seek damages for emotional distress. Mental health issues associated with this damage include post-traumatic stress disorder, anxiety, and depression.
- Pain and suffering: This includes any physical pain, anguish, discomfort, or inconvenience you have endured because of your injury.
- Reduced quality of life: In some cases, your injury could negatively impact your quality of life. If you can no longer participate in sports, hobbies, or activities you used to love before your injury, you can include these damages in your claim.
To schedule a free case review with a podiatrist malpractice lawyer serving Baltimore, call Brown & Barron at (410) 698-1717 or contact us online today!
Choose an Experienced Podiatry Attorney in Maryland that Will Fight for Justice
Podiatric malpractice lawsuits are complicated. You need a lawyer who has experience with these cases, in terms of gathering evidence, access to experts who can prove when negligence has occurred, and a legal team that has the trial experience to force a fair settlement or win a fair financial recovery in court. The good news is that Brown & Barron works on a contingency basis, which means that there is no out-of-pocket expense for the client and Brown & Barron only gets compensated for our services and expenses if there is a financial recovery (i.e., we only get paid if we win). The consultation is also free and has no obligation. There are strict deadlines for how long you have to file a claim (called statutes of limitations), so it is best not to delay in contacting legal help.
What Should I Do If I Suspect Podiatry Malpractice?
The vast majority of podiatry cases result in extraordinary care for the patient by talented and passionate professionals. Like all professions there are inferior practitioners, and even the competent ones are not immune to unfortunate mishaps. When errors happen due to a podiatry error or negligence, it can result in long-term disability for the patient. For the victim of a podiatry error and their families, it can mean years of expenses and economic losses that can translate into thousands if not millions of dollars. It’s only fair that those responsible for medical malpractice contribute to help the families recover those damages. At Brown & Barron, we help families who suspect the possibility of podiatry malpractice get to the truth of the matter and recover the money that they deserve to live their best life, given the circumstance, and move forward knowing justice has been served. If you would like a free, no-obligation review of your podiatry case, call us at 410-346-0206 or contact us online.