What Is Podiatry Malpractice?

Podiatrists are specialists trained to treat feet. Unlike physicians, podiatrists in the United States do not attend medical school. Instead, they attend a specialized podiatry school that educates only podiatrists. Podiatry school is a four-year program. The licensure requirements of most states do not require podiatrists to complete a residency after completing. As a result, most podiatrists do not participate in residency training. Instead, they go on to private practice immediately after completing their podiatry education.

Podiatrists are required to use reasonable care in the treatment of their patients. In bringing a malpractice claim against a podiatrist, a plaintiff is generally required to provide the expert opinion of another podiatrist supporting the allegations of malpractice. Experts who are medical doctors, such as orthopedic surgeons are generally excluded from testifying against podiatrists in malpractice cases.

Podiatrists often perform surgery in their offices. When surgery is not performed in an operating room that is maintained and sterilized by a hospital, the chance of the surgery taking place in a non-sterile environment increases. Consequently, many podiatry malpractice cases allege that the patient suffered an infection as a result of surgery in a non-sterile field.

Podiatry malpractice cases that allege misdiagnosis are also common. Misdiagnosis can lead to unnecessary surgery, further damage from a fractured bone, or improper casting of a strain. In one such case, the plaintiff successfully demonstrated that the podiatrist’s failure to timely diagnose a heel fracture led to permanent foot damage and a limp. In another case, a plaintiff proved that a podiatrist performed unnecessary surgery on both of her feet based on the improper diagnosis of bone spurs. Click here to learn more about what should you do after podiatry malpractice.

Another common claim against podiatrists is that they performed the proper procedure but did so negligently. For instance, in one case against a podiatrist, a botched bunionectomy resulted in the patient losing his entire foot. Evidence showed that nerve damage from the podiatrist’s improper surgical technique led to gangrene and eventual amputation.

Podiatrists are also often sued for failure to refer patients to a specialist when medical conditions exceed the scope of the podiatrist’s expertise and training. For example, if a patient’s foot complaints are the ramifications of an underlying systemic disease such as diabetes or gout, the podiatrist is required to refer the patient to a medical doctor. Failure to do so can lead to malpractice liability.