Defense arbitration award in a podiatric surgical malpractice case.
The 55-year-old plaintiff underwent tarsal tunnel surgery. She developed post-operative complications, including infection, and required two additional surgeries, including a sural artery flap graft. The plaintiff gained over 100 pounds after the podiatric surgeries and underwent gastric bypass surgery. She alleged it was required as the result of being sedentary from the podiatric surgeries and complications. The plaintiff has significant lower extremity surgical scarring, chronic pain and a gait abnormality. She was never able to return to work. She alleged that the defendant intentionally kept fraudulent, incomplete and untimely electronic medical records. The defense argued that the podiatric surgeries were indicated and performed within the standard of care, and that the plaintiff developed post-operative complications resulting in the need for additional surgeries due to her own noncompliance—prematurely and repeatedly walking on her surgical foot and getting her surgical dressings wet.