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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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A Podiatric Surgeon said that the only way that I could relieve

Customer Question

A Podiatric Surgeon said that the only way that I could relieve the pain under my second toe was to have it shortened and why don't I have a bunion done at the same time. I rushed into an operation and have lived to regret it. The Podiatric Surgeon called me at home and said that he had a cancellation for surgery and would I like to go ahead. I unfortunately agree, the result has been years of pain.
In desperation I have sought the advice of three Orthopaedic Surgeons and all have said that my toe had been overshortened and I needed to have another two shortened, 3 and 4. Also, the bunion operation had failed and that would have to be re-done. I was terrified of more surgery but decided to go ahead as I had exhausted all the other options. In March this year I had a final op. by an Orthopaedic Surgeon, I had some metalwork taken out of my second toe and had my 3rd & 4th toes shortened and also had my bunion re-done. Six months later I am still in some pain but on the mend. I have been told that it will be a year before I start to feel better. My X Rays taken after surgery (the first time) clearly shows than my second toe is shorter than the third, I have been told by an Orthopaedic Surgeon that this should never be done, the 2nd toe should never be made shorter than the third and to do this is NEGLIGENT. I am in the process of deciding whether or not to go ahead with a court case against the Podiatric Surgeon. I know how the Orthopaedic camp view this but it will also depend on the view of the Podiatric camp, would they view this as something that they would do in any case. Does this fall below their standard of practice that a toe was shortened so much that two other had to be shortened too.
I need advice urgently as the deadline is Thursday.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, in England & Wales, you cannot issue proceedings for medical negligence unless you have a supporting expert medical report which must be served with the proceedings at the time of service. So here, the issue of whether you can successfully sue or not (or at all) depends on the medical evidence. Unless you get a favourable medical report from a Podiatrist, you will not have a case. Accordingly, it is not possible to definitively answer your question as it is a question of medical opinion. So you urgently need a favourable medical report from a Podiatrist. Then you can issue proceedings for medical negligence.