A patient underwent a routine surgical procedure to correct a bunion on her foot. During a follow-up office visit, she discovered an unexpected suture on the bottom of her foot, where she also experienced a painful lump. Although the surgery had been performed on the top of her foot, the surgeon casually mentioned an inadvertent deep incision. However, this complication was not officially documented in the patient’s medical records until six months later, despite her ongoing pain and numbness.
Nearly two years after the initial procedure—and following multiple specialist consultations and an additional surgery—a nerve surgeon at a different hospital diagnosed a severed medial plantar nerve caused by the original surgery. This injury required a graft using a cadaver nerve. While the patient experienced some improvement post-repair, she will not fully recover from her symptoms.
Our investigation revealed that a resident surgeon had been involved in the procedure, and both the primary and resident surgeons were manipulating the instrument at the time of the nerve injury. Our firm pursued a lawsuit against the primary surgeon and the hospital for surgical negligence. This resulted in a substantial settlement for the patient, addressing her long-term complications and ensuring accountability for the surgical errors.
Type of Medical Malpractice: Surgical Negligence
Standard of Care Issues:
- Accurate and timely documentation of surgical complications
- Proper surgical supervision and adherence to technique
- Immediate and transparent communication regarding surgical errors