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Has your bunion surgery resulted in complications that have significantly impaired your quality of life? Are you experiencing chronic pain, reduced mobility, or requiring corrective procedures? Many patients ask: Can I sue for failed bunion surgery? The answer depends on whether your adverse outcome arose from known surgical risks or from care that deviated from accepted medical standards. When a surgeon’s negligence results in substantial injury, prolonged disability, or the need for additional medical intervention, New York medical malpractice law may provide grounds for legal recourse.
At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we represent Long Island patients in these complex matters, pursuing accountability when medical professionals fail to uphold their duty of care.
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What Constitutes a Failed Bunion Surgery Malpractice Case?
A bunionectomy is often intended to reduce pain and improve function, but when performed improperly, the outcome can leave patients with lasting complications. Failed results that may indicate negligence include:
- Overcorrection or undercorrection of the bunion.
- Malunion or nonunion of the bone.
- Nerve damage causing long-term pain or numbness.
- Severe infection due to lapses in sterile technique or follow-up care.
Warning signs should be taken seriously. According to Johns Hopkins Medicine, patients should alert their provider immediately if they experience:
- Fever of 100.4°F (38°C) or higher.
- Chills
- Worsening pain or swelling around the incision.
- Drainage or bleeding from the surgical site.
- Swelling in the lower leg of the affected foot.
Recovery may also require weeks of dressings or a brace, and driving restrictions are common until bones have healed, particularly when the surgery was performed on the right foot. When medical professionals fail to monitor or address these red flags, malpractice claims may arise under New York law.
Elements of a Medical Malpractice Case
Pursuing a malpractice claim requires more than demonstrating that a procedure did not meet expectations. So, can I sue for failed bunion surgery? Under New York law, patients must establish the following legal elements:
- Duty of Care: The surgeon or healthcare provider had a professional responsibility to treat the patient in line with accepted medical standards.
- Breach: That duty was violated through an error such as improper surgical technique, misdiagnosis, or failure to provide adequate post-operative monitoring.
- Causation: The negligent act must be shown to have directly caused the failed bunion surgery or worsened the patient’s condition.
- Damages: The patient experienced measurable harm, which may include the need for revision surgery, permanent deformity, loss of mobility, loss of income, or chronic pain.
Establishing these elements typically requires detailed medical records, expert testimony, and thorough legal investigation.
Steps to Take After a Failed Bunion Surgery in New York
Recovering patients often feel uncertain about their next steps. To protect your rights and your health, we recommend:
- Seek a second opinion: An independent evaluation from another foot and ankle specialist can confirm whether negligence played a role.
- Gather records: Collect surgical notes, imaging studies, prescriptions, and follow-up instructions. These documents serve as evidence in malpractice cases.
- Document symptoms: Keep a daily journal of pain levels, mobility limitations, and the impact on your work or home life.
- Act quickly: Under the New York Civil Practice Law and Rules (CPLR § 214-a), medical malpractice actions must be filed within two years and six months of the negligent act or omission, with very limited exceptions.
Because every situation is unique, it is important to consult with a medical malpractice attorney who can evaluate how the statute of limitations applies to your circumstances and determine whether your case falls within the allowable time frame.
Long-lasting Problems Due to Failed Bunion Surgeries
The effects of a failed bunion surgery often reach far beyond the initial procedure, leaving patients with ongoing physical and financial challenges. Common complications include:
- Difficulty standing, walking, or engaging in daily activities.
- Driving restrictions are particularly relevant when surgery involves the right foot.
- Permanent deformities that may require revision procedures.
- Development of arthritis in the big toe joint over time.
- Emotional distress is linked to chronic pain and reduced mobility.
These long-term issues can interfere with employment, independence, and overall quality of life. A malpractice claim may seek compensation for medical expenses, lost income, diminished earning potential, and the pain and suffering endured.
Contact a Long Island Medical Malpractice Lawyer for Help
At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we understand the devastating impact of a failed bunion surgery. We are ready to evaluate your case, explain your rights, and take action on your behalf. If you suspect medical negligence affected your outcome, call us at 516-358-6900 for a free consultation.
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