Fairfax Injury Lawyer Brien Roche Addresses Podiatric Malpractice
Brien Roche

Podiatric malpractice cases can be difficult cases. They are well-defended by seasoned defense lawyers. These lawyers are retained by specialty insurers. These insurers recognize the problems of podiatric malpractice cases. They tend to hire a defense medical malpractice attorney to cover a large area.

In addition, there is much inconsistency from state to state as to the training of podiatrists. In addition, there are differences from state to state as to the scope of practice they can engage in.

Things To Look At In Podiatric Malpractice Cases

In looking at a potential podiatric malpractice case, there are several things to look at:

  • Did the doctor serve a residency? If so what type? How long was it and what type of surgical cases did he handle?
  • What hospital privileges does he have? They may differ from doctor to doctor.  If the podiatrist exceeded the scope of those privileges, then that may serve as an opening.
  • What is the scope of practice allowed in that state? Podiatrists are considered to be limited-license practitioners. The scope of the practice allowed in that state needs to be compared with the scope of the practice that was allowed in the state where she was trained. It may be that she was trained in a state where the scope of practice is very limited. If she moves to a state where the scope of practice is broader there could be a problem. If she is practicing in an area that is broader then she may not have the training for such.
  • Board certification is through the American Board of Podiatric Surgery. There are other Boards that compete with this board. You need to know whether the podiatrist has failed the ABPS certification exam. Does he meet the criteria for certification by that entity?
  • Is the podiatrist certified in surgery or simply primary podiatric medicine?
  • Was the podiatrist certified by actual examination and testing or simply as a result of grandfathering?
  • If the procedure in question was an in-office procedure, is the office equipped to deal with emergencies? Is it equipped to combat infection?

Ankle Arthritis Surgery

Surgery is a treatment of last resort for ankle arthritis. It may be performed either by orthopedists or podiatrists.

Ankle arthritis is a form of osteoarthritis. It consists of the breakdown of cartilage between the bones in the ankle joint. This may be due to damage or the aging process. The bones physically come into contact with each other during movement. This produces pain. The body responds to that pain either through inflammation, swelling, or the growth of bone spurs.

Many people who have ankle arthritis are those who have had previous injuries or fractures to that joint.

The first line of treatment is over-the-counter pain medications and braces. The braces are designed to limit motion. Physical therapy can also help. This may strengthen the tendons and ligaments in the joint area. Shoe orthotics can also help control the movement of the joint. Likewise, cortisone injections may relieve the swelling. Another form of injections are platelet or bone marrow injections. These are taken from the hip and injected into the ankle joint. The goal is to promote the growth of cartilage between the bones.

In terms of surgical options, there are two: ankle fusion and total ankle replacement.

With ankle fusion, the doctor glues the joint together so that it no longer moves up and down. That impacts your ability to walk which can cause other joint problems.

With a total ankle replacement the damaged joint is actually removed and replaced with an artificial ankle. This then allows nearly normal movement.

However, ankle replacement is not available for anyone with an active infection or damaged skin around the ankle. Also, a missing bone in that area should preclude surgery.

Talk with an Experienced Malpractice Lawyer in the DMV Area

Call, or contact us for a free consult. For more information on podiatry see the pages on Wikipedia. See this page on dealing with medical malpractice.

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Brien Roche

Brien A. Roche has been an attorney since 1976. Mr. Roche is admitted to practice in Virginia, the District of Columbia, and Maryland. In addition to his busy law practice, Mr. Roche is also a published author of several books & articles relating to the practice of law.

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