Q: How to seek compensation for toenail treatment issues?
I had an ingrown toenail treated at an urgent care, where the doctor decided to remove the entire toenail. I'm okay with the initial treatment, but subsequent removals have led to problems with the nail's growth, causing cosmetic issues. After repeated removals over a year and following communication with Kaiser, I discovered the toenail may never grow back properly, requiring a costly prosthetic nail. I'm experiencing mental and emotional distress and seeking compensation for both past and future costs associated with the prosthetic nail. The Chief of podiatry has indicated there is no further action they can take. How can I seek compensation?
A:
It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Here It is not clear if the medical care was to the standard of care.
Additionally, Malpractice attorneys carefully consider what may be recovered in a lawsuit and evaluate that in light of the expense of a case.
Consult with experienced malpractice attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
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A:
First, gather all documentation related to your treatment, including medical records, photographs of your toenail over time, and correspondence with Kaiser regarding your issue. Clearly outline the timeline of events, emphasizing the initial treatment, the subsequent complications, and communications acknowledging that no further action can correct your toenail. This information helps establish your medical history and the resulting distress you've experienced.
Next, file a formal complaint with Kaiser's patient relations or member services department to officially document your dissatisfaction and request compensation. Clearly describe your emotional and mental distress, along with the ongoing financial impact of needing prosthetic nails. This written record initiates Kaiser's internal review process and can encourage them to address your concerns directly.
If Kaiser does not adequately resolve your complaint, consider consulting an attorney experienced in medical malpractice or personal injury claims. They can assess whether the repeated toenail removals and resulting complications constitute negligence or improper medical care. An attorney will help determine your eligibility for compensation for past medical expenses, future prosthetic costs, and emotional distress.
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