03/13/2025    

Failed Ankle Surgery Left Plaintiff with Arthritis - NY

Case Summary: On July 1, 2014, plaintiff, 48, a
bus driver, underwent arthroscopic ankle surgery
after being injured at work. Defendant podiatrist
performed the procedure. Plaintiff subsequently
developed additional complications in his ankle,
including arthritis. Plaintiff sued Defendant. Plaintiff
alleged Defendant was negligent during the
arthroscopy and that this negligence caused
further injury to plaintiff’s ankle.

Plaintiff also sued Defendant’s practice, and his
employer, who was dismissed from the case.
Plaintiff claimed that Defendant was supposed to
fix his anterior talofibular ligament but instead
only removed scar tissue. Plaintiff’s counsel also
alleged that Defendant negligently failed to
perform a stress test during the surgery.
plaintiff’s counsel argued that the ankle was
stable and did not require a ligament repair.
plaintiff’s counsel added that the doctor only had
Worker’s Compensation authorization and
plaintiff’s consent for an arthroscopy and
synovectomy.

Result: Plaintiff's verdict $550,000. The jury
determined that Chaudhry deviated from the
standard of care when she failed to perform a
stress test of the ankle during the arthroscopy.
The jury did not conclude that there was a
deviation for failing to repair the anterior
talofibular ligament.

Plaintiff Podiatric Expert: Steven A. Bernstein,
DPM, Fort Lee, NJ

Defendant Podiatric Expert: Michael J. Trepal,
DPM, NY, NY

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