Do I have a case against my doctors?

Question

Back in 2006 I had surgey on my ankle.After 2 1/2 weeks I went back for a follow up.He showed me pic. of while he was inside my ankle and asked me if I knew what this white thing in the pic. was.I said no of course and he said he didnt either,but had got stuck on it several times during surgey.Now 3 yrs. later I am still having problems as in cant feel 2 of my toes(to which I told him at time of pic. that I couldnt feel) still and have pins and needles feeling.I am seeing a pain management doc. and have a lawyer for my wc claim,but no one seems to think this is odd for a doctor to one tell you this,or that it means anything.I think differently.What do you think?Do I have a case for medical malpractice?I should also state that the first doc. I went to first said I didnt break my ankle but later found out I did and thats the reason for the surgey to begin with(was to get rid of the 50-60 pieces of bone floating around my ankle)Tell me what you think on this.

Answer 1

Numbness is actually a known complication from orthopedic surgery -- it will be covered under the consent that you signed prior to surgery.

No you don't have a case

Answer 2

'Malpractice' implies that the doctor did something wrong, not just that you didn't get the desired result.Some other doctor told you that your leg wasn't broken, so this one had to go in and remove the bone chips,  which probably did the damage while they were floating around. The surgeon didn't commit malpractice just because your foot is numb.

Answer 3

In most countries, before you have surgery, you have to sign a consent form.  On this form in small print, it says that in the event that something goes wrong, you agree not to file a lawsuit against the doctor or hospital.  If you signed a consent form before your surgery, you don't have a case.  If you didn't, then you have a good chance.