Podiatrist Malpractice

Baltimore Podiatrist Malpractice Attorney

Often referred to simply as “foot doctors,” podiatrists treat a catalog of problems with the feet and lower limbs. When podiatrists commit malpractice, it can lead to huge issues, years of pain, and short- or long-term disability for their patients.

Unfortunately, some podiatrists put money before the health of their patients, but our lawyers will not stand by and allow this to continue to happen. We have helped countless clients file claims against negligent medical professionals and have successfully recovered compensation for their injuries.

Our award-winning lawyers offer free case evaluations to individuals injured by podiatrist malpractice in Baltimore and throughout Maryland. The sooner you call, the sooner we can get started on your claim. With more than 137 years of collective legal experience, you can rest assured knowing that your case is in experienced hands.

Get in touch with a podiatrist malpractice lawyer in Baltimore, (410) 698-1717 for a free case evaluation.

On This Page:

What Counts as Podiatrist Malpractice?

Podiatrist malpractice claims tend to focus on one or more of the following forms of negligence:

  • Improper Treatment: This occurs when a podiatrist administers treatment that deviates from the accepted medical standards and leads to harm to the patient. For instance, prescribing the wrong medication, recommending an incorrect course of physical therapy, or performing an inappropriate procedure could all be considered improper treatment.
  • Botched or Unnecessary Surgery: If a podiatrist performs foot or ankle surgery incorrectly, resulting in injury or complications, it may be considered malpractice. Similarly, conducting surgery that was unnecessary or not justified based on the patient's condition could also constitute malpractice.
  • Failure to Deliver Favorable Results: While not all medical treatments yield the desired outcome, if a podiatrist fails to achieve reasonable results due to negligence or incompetence, it may be considered malpractice. This could include cases where the podiatrist fails to properly diagnose and treat a condition, leading to worsening symptoms or lack of improvement.
  • Failure to Obtain Informed Consent: Podiatrists are required to obtain informed consent from patients before performing any treatment or procedure. This involves explaining the risks, benefits, and alternatives to the proposed treatment so that the patient can make an informed decision. Failure to adequately inform the patient or obtain their consent could be considered malpractice.
  • Failure to Treat Post-Surgery Complications: After foot or ankle surgery, complications may arise that require prompt treatment to prevent further harm. If a podiatrist fails to properly address these complications, leading to additional injury or complications for the patient, it may constitute malpractice.
  • Misdiagnosis of a Foot Condition: Misdiagnosing a foot or ankle condition can lead to improper treatment or delays in receiving appropriate care, resulting in harm to the patient. If a podiatrist fails to accurately diagnose a condition due to negligence or incompetence, it may be considered malpractice.
  • Issues with Medication: This could involve prescribing the wrong medication, administering an incorrect dosage, or failing to consider potential drug interactions or contraindications, leading to harm to the patient.
  • Issues with Fees/Billing: While not directly related to medical treatment, issues such as overcharging for services, billing for services not rendered, or engaging in fraudulent billing practices can still constitute malpractice or professional misconduct.

Frequently, many of these issues arise during: 

  • Bunionectomy (bunion surgery)
  • Bunion treatment
  • Osteotomy (surgical removal of a piece of bone)
  • Arthroplasty (joint surgery)
  • Neuroma (pinched nerve) treatment

Other Forms of Podiatrist Malpractice

Our firm also helps clients in cases pertaining to the following malpractices:

  • Unnecessary surgery to “cure” flat feet
  • Misdiagnosis of infections
  • Misdiagnosis of nerve injuries
  • Improper treatment of bone spurs
  • Improper treatment of heel pain
  • Failed hammertoe surgery
  • Failed treatment of diabetic foot and/or skin issues

As you can see, podiatrists truly do treat a wide array of injuries. Various serious medical conditions—arthritis, kidney disease, heart disease, and more—first appear as problems with the feet and/or lower limbs. 

Thus, patients put a great deal of trust in their podiatrists to help them heal and prevent further injury, which is part of the reason why it is so devastating when they are negligent.

What to Do If You Believe You Are a Victim of Podiatric Malpractice

You can take the following steps to begin seeking compensation for your injuries.

  • Ask for a Copy of Your Medical Records: The office where you received podiatry care must provide you with a copy of your records if requested. Our lawyers can review your records to determine if the office has made any changes to your original charts to deny malpractice.
  • Obtain the Images of Your Injury: Request the images you have from both your pre- and post-operative care. If the podiatrist you have been seeing refuses to take new images for you, go to a new doctor. These images can be helpful if you choose to file a claim in the future.
  • Get Medical Treatment: Seek medical treatment from a new podiatrist so your issues do not worsen. Getting treatment sooner can increase the likelihood of recovering from your injury.
  • Get in Touch with an Attorney: Attorneys familiar with podiatrist malpractice cases will know any legal complexities that may arise.

Contact Brown & Barron online today to schedule a free case review with a podiatrist malpractice lawyer serving Baltimore.

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:

  1. The podiatrist owed you a standard of care
  2. The podiatrist failed to provide this standard of care; and
  3. You were injured as a result of their failure in this regard.

A podiatrist is unlikely to openly admit to malpractice and, in most cases, will attempt to shrug off responsibility to avoid being penalized by the court and/or their medical board.

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.

What Damages Are Available to Podiatrist Malpractice Claimants?

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.

A legal professional with experience in podiatry malpractice can help you prove negligence and set the cost for appropriate legal damages. These damages cover all the costs that affect the victim and his or her family. It covers past and present costs, and future costs that the average person would not have even considered. Experts help prove to the defense legal team (or a jury) the evidence of negligence and the cost to make things right. The negligent party has little choice but to settle out of court, or be forced to pay by a court of law.

Why are Podiatry Malpractice Cases Important?

For some, medical malpractice in podiatry means the long-term loss of function in the lower leg or foot. It can also mean the loss of a foot or limb to amputation. It can mean the loss of a hobby or the loss of the ability to walk. It can mean an end to your means to make a living, or the end of your life. It can mean medical bills and unemployment that can ruin a family financially.

Many of us need to be on our feet to earn the money that it takes to pay for medical treatment. To make matters worse, we might find ourselves physically unable to work after a podiatry mishap. No one expects medical malpractice, and no physician wants to be in a lawsuit, but mistakes and negligence happen. For most podiatry patients, they can expect a pathway to foot and lower limb health and the reduction of painful ailments. For some, the experience results in a devastating injury, and the podiatry party is responsible to pay for the costs associated with that injury.

No one really appreciates the amount of weight and work our feet handle until we have a problem. When things go wrong in a podiatry case, you can find yourself with foot problems that affect your ability to put weight on your feet. That can mean the loss of athletic skills or the ability to stay active and healthy. It can mean that you no longer can do the job you love or a total loss to provide for yourself and your family. It can mean that you no longer can walk. It can even mean amputation or an undiagnosed cancer.

If you have been the victim of a bad podiatry experience, that has left you unable to work, exercise, walk, or get around, or if it has led to amputation or an undiagnosed issue, talk to a professional immediately.

Why You Should Choose Brown & Barron for Your Podiatry Lawsuit

You will want to discuss your case immediately with a legal professional with experience in podiatry malpractice. There are law firms that will gladly take your case, regardless of whether they have any experience medical malpractice or with podiatry cases. Some law firms are easy to find online but have no experience or license to practice in your state, so they quietly refer it to another firm. You should choose a firm, like Brown & Barron, that is experienced and licensed for podiatry cases in Maryland and Washington, D.C.

You will also want to put your confidence in a law firm that works on a contingency basis, like Brown & Barron. That means your legal services can be secured with no out-of-pocket costs. In this fee-arrangement situation, the law firm is compensated for their services and expenses only if you win, and that is paid from a pre-arranged percentage of the successful settlement or verdict amount. That means the law firm is only paid if you win and the payment is only made after the amount is received, so there is no financial risk whatsoever to the client.

With Brown & Barron, the initial legal consultation is free and without any obligation on the client’s part. Many states have a time limit (called the statute of limitations), so it is advisable to call as soon as possible to ensure that your case is filed within the time limit.

We Offer Free Consultations at Brown & Barron

At Brown & Barron, we put our clients first because we genuinely care about them and want to help them obtain the compensation they legally deserve. We understand that a legal claim may be the only option for some individuals to be able to afford the treatment they need to heal. We also know that making a podiatrist answer for their actions in a court of law can prevent similar malpractices from happening in the future. 

Podiatry Malpractice FAQs

How Long Do I Have to File a Claim Against My Podiatrist?

There are legal deadlines for every type of claim, which the law refers to as “statutes of limitations.” A claim filed past the statute of limitations is considered ineligible and will be denied. For podiatrist malpractice claims, Maryland law allows claimants three years from the date of the injury or five years from the date when the injury was first discovered – whichever is earlier. However, there are some stipulations to this filing window. We advise that you speak to a lawyer to figure out which deadline applies to your claim.

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 in a Podiatry Malpractice Case?

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
  • 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.

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.

If you were injured due to the actions of a negligent podiatrist, our Baltimore podiatrist malpractice attorneys will fight for the rightful compensation owed to you. Call (410) 698-1717 today to get started. 


Hear From Our Clients

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