Medical Malpractice/sural neuropathy
I had surgery in 2010 on my plantar fascia and calf muscle. Ever since surgery I have had pain and numbness on the right side of my lower leg and ankle, sometimes even from my hip down to my foot. I've had several tests done focusing on the sciatic nerve but nothing's been found until this past week. After about 4 hours of nerve conduction studies it has finally been determined that my sural nerve no longer works at all. The Dr said it was caused from the surgery I had, either the Dr nicked that nerve or it was caused from the turniket. Would this be considered malpractice?
The answer to your question "Would this be considered malpractice" both practically and legally can only be answered by another qualified surgeon. There are injuries and complications from all types of surgery and most happen even though the surgeon is doing everything "by the book". Put another way, a surgeon is not required by law to guarantee that the surgery will be successful or that it will not involve any complications. For there to be a case, imagine 5 surgeons who do this kind of surgery and who have looked at every detail of your case. If at least 3 of them (this is just my way of explaining it) say something like "my God, what was Kandi's surgeon thinking? He should have known that by doing it the way he did there was a risk of causing nerve damage. Approaching the surgery in this was was below the standard of care. We would have never done it that way. This negligence is the cause of a long term disability and pain." As you see, the bar is quite high. Then consider this: any lawyer taking your case would have to spend probably 5-10K out of pocket to have you examined by your expert doctor witness and study the whole case and render an opinion. Filing and serving the case is expensive and I guarantee you that the defendant doctor will have his own experts and a high powered lawfirm working on the clock to defend the case. The defense is that the injury you suffered was not due to negligence, it is a known risk of the surgery, and everything was done within the standard of care. Your lawyer is committed to spends a lot more money to advance the case and at the end of the day only gets paid back or earns any fee if you win, which is probably, at best, a 50/50 chance. So unless you have a very severe and life long disabiity, which I hope you don't, I don't see any lawyer taking the case. Cost and risks don't justify the possible reward. Hope you find a medical solution. Good luck.