02/20/2014    

RESPONSES/COMMENTS (PM JURY VERDICY REPORTER) - PART 1B

RE: Alleged Improper Diagnosis, Informed Consent, and Improperly Performed Surgery (NY) (Alison D. Silhanek, DPM, Robert Scott Steinberg, DPM)

From: Lawrence J. Kansky, DPM, Esq, George Jacobson, DPM

 

I disagree with Dr. Silhanek's and Dr. Steinberg's general criticisms of all plaintiffs' experts. Without brave, intelligent, academically-affiliated plaintiff experts, the podiatry profession would run unchecked. Why should a negligent podiatrist not be held responsible for the harm he or she causes? I recently settled a podiatric malpractice case for a plaintiff client where the podiatrist implanted a novel device in the foot completely backwards. Yes, backwards! The intraoperative x-rays showed this large device just floating inside the foot, serving no purpose except to greedily enrich the podiatrist, and to cause debilitating, chronic, and permanent harm.

 

In every podiatric malpractice case that I have been involved in as an attorney, the negligently maimed plaintiff would rather have a painless normally functioning foot back, or even their pre-operative foot back than all the money in the world. I have had more than one client talk about suicide as a way to end their suffering. So, kudos to all the great and courageous podiatric plaintiff experts out there. Your podiatric schools and our profession should be proud of you. I know the general public is! 

 

Lawrence J. Kansky, DPM, Esq, Wilkes-Barre, PA, larry.kansky@gmail.com

 

As Dr. Steinberg said, "it's about profit. Experts don't seem to care about what is proper or ethical." In my first year of practice (1985), I reviewed a case against an orthopedic surgeon whose patient ended up with a hallux varus s/p a McBride bunionectomy. All things considered, I felt that this was a well-established complication and not malpractice nor a deviation from community standards of the time. I thought that was the end of it. I was wrong. More than a year later, I got a request for a deposition. Another podiatrist went on a tirade against orthopedic surgeons doing bunion surgery.  While the case was percolating, the podiatrist put an implant in the patient, which of course didn't alleviate the severe pain and disability. This podiatrist and his attorney continued to blame the orthopod, and additional subsequent surgeries were blamed on him.  

 

So, in 1985, I decided never to review a medical malpractice case for a plaintiff again. They'll always find someone to testify against the truth.

 

George Jacobson, DPM, Hollywood, FL, fl1sun@msn.com 

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