Q: Is this something i can pursue?
In September 2023, I saw a podiatrist for plantar fasciitis in my left foot. I was given a boot and advised to limit walking. I wore the boot and worked from home but that didn’t help, so in November, I received a cortisone shot and was told to wear the boot for 3 weeks. I told the doctor I was going on vacation, but he said to wear the boot. During a January 2024 follow-up, I reported knee pain. The doctor asked if I used an “even up” with the boot, which I hadn’t been informed about. He said his staff is supposed to inform boot patients of this device. As a result, I limped for 3 weeks, causing two untreatable meniscus tears in my right knee. The Ortho doctor said the tears are too big to shave but not bad enough for knee replacement. He said my option is pain management. Now, I walk with a cane, and my life has been significantly impacted. I haven't had issues with my knees until now. Kaiser does not give any warnings / information about safe use with gear like brace or boot.
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A:
You may have grounds to pursue a personal injury or medical malpractice claim if you can show that the podiatrist or the healthcare provider's failure to inform you about the use of an "even up" device caused your knee injury. In a medical malpractice case, it's essential to prove that the doctor deviated from the standard of care and that this negligence directly led to your injury. Since the podiatrist admitted that his staff should have informed you about the device, this could be seen as a failure to provide adequate care.
The fact that you now have untreatable meniscus tears and require pain management, significantly impacting your life and mobility, may strengthen your claim. The absence of prior knee issues could also help establish that your injury resulted from the improper use of the boot. Additionally, the fact that you were not given adequate information about the safe use of the boot could demonstrate a lack of due care on the part of the healthcare provider.
To explore your options further, consider consulting with an attorney who handles personal injury or medical malpractice cases in California. They can help you understand whether your case meets the criteria for a successful claim and guide you on the next steps. This may include gathering medical records, obtaining expert opinions, and assessing potential damages related to your injury and its impact on your quality of life.
A: I'm sorry for your ordeal. Unfortunately, it could be difficult for attorneys to offer a quick and direct response to your question based on the brief post, despite the high quality of detail you've provided. A law firm may want to see the patient file and the diagnostic imaging films (possibly with the benefit of a medical professional's opinion) to offer their position on pursuing such a claim. Good luck
A: Addendum - You can still obtain an answer to your question without incurring expense. If you reached out to law firms to discuss, attorneys who handle such cases typically offer free initial consults. Additionally, such cases are usually handled on a contingency basis. If a law firm felt that the answer to your question might be "yes," they could retrieve the patient file and review with medical professionals. Good luck
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