Damaged Tendon During Bunionectomy Lawsuit

Long v. The Chesapeake Ambulatory Surgery Center

HalluxThis foot surgery medical malpractice claim was filed in Anne Arundel County after a woman's tendon was negligently cut during an operation to remove a bunion. This lawsuit was filed in Health Claims Arbitration on March 26, 2018, and it is the 141st medical malpractice case filed in Maryland this year.

Summary of Plaintiff's Allegations

After undergoing a procedure to remove a bunion (bunionectomy), a woman's foot failed to heal properly. At the time of her postoperative follow-up appointment, she was continuing to experience pain and discomfort. The woman told her podiatrist that she was concerned with the way the bunionectomy was healing. She felt that her toe was overcorrected, causing discomfort and frequent falls.

The podiatrist determined that he had lacerated the woman's flexor tendon during surgery, which caused the joint in her toe to contract. The woman had a corrective surgery performed at Union Memorial Hospital by another surgeon.

Additional Comments
  • The claimant's expert witness, another podiatrist, notes that there was no documentation of conservative care options before the bunionectomy took place. This is significant because doctors should attempt to treat their patients with less dramatic and less invasive forms of care before recommending surgery.
  • Hallux valgus, the medical term for a bunion, is a bony bump on the base joint of the big toe. Bunions develop when the big toe is pushed toward the next toe, causing the joint at the base of the big toe to stick out.
  • When the podiatrist "overcorrected" the woman's bunion, he caused a hallux varus deformity. Opposite to hallux valgus, hallux varus occurs when the big toe to shifts in the other direction, away from the next toe.
  • You might have expected a claim that Plaintiff's malpractice lawyers alleging that the podiatrist deviated from the standard of care for podiatric surgeons not just by lacerating the tendon but for the failure to timely diagnose and secure prompt treatment for the ruptured hallux tendon. A delay in prompt diagnosis and treatment allows the tendon to retract. This and makes a good recover recovery more unlikely.
Jurisdiction
  • Anne Arundel County
Defendants
  • A podiatrist
  • The Chesapeake Ambulatory Surgery Center, LLC
  • Foot and Ankle Specialists of the Mid-Atlantic, LLC
Hospitals Where Patient Was Treated
  • Union Memorial Hospital
Negligence
  • Failing to perform an appropriate bunionectomy without damaging the tendon.
Specific Counts Pled
  • As a direct result of the defendants' negligence, the claimant suffered severe, painful, and permanent injuries which caused her to incur medical expenses and loss of income.
Plaintiff's Experts and Areas of Specialty
  • Philip J. Obiedzinski, DPM, podiatric medicine and foot&ankle surgery
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