Podiatry Alert: $1.5 Million Medical Malpractice Verdict in Westchester


White Plains, NY
July 23, 2010

A Westchester woman was awarded $1.5 million in a case involving improperly performed foot surgery. According to sources, she had a Lapidus bunionectomy performed in 2005 to her right foot. She claimed that during the procedure, too much bone had been removed from the first ray, specifically the medial cuneiform. In addition, she claimed that the first metatarasal was improperly positioned. As a result of improperly performed surgery, she claimed that the forces of her foot while weight-bearing shifted to the second and third metatarsals, causing pain, discomfort and irritation whenever she walked.

She had corrective surgery a year later to shorten the second and third metatarsals in an attempt to relieve the problem. Unfortunately, the surgery did not solve her problem. Conservative measures including the use of orthotics have failed. Her treating doctor has recommended that she undergo additional surgery to shorten those bones or that she undergo a destructive surgery which will destroy some of the joints in her foot and fuse those bones together.

The Westchester County jury, presided over by Justice Mary Smith, determined that the podiatrist departed from good and accepted podiatric and surgical care. This departure was a substantial factor in causing injury. jury determined that my client was entitled to receive $375,000 for past pain and suffering for the last five years. They also determined that she was entitled to receive $1,125,000 for future pain and suffering that would represent 30 years worth of future pain and suffering. The jury also awarded her husband $50,000 for his claim for loss of services.


To learn more about medical malpractice and accident cases your New York, I encourage you to explore my NY medical malpractice website. If you have specific legal questions, I urge you to pick up the phone and call or email me since I can answer your legal questions. You can reach me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call.

The Law Office of Gerald Oginski, LLC
25 Great Neck Rd., Ste. 4
Great Neck, NY 11021

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