VA Medical Malpractice Lawsuit Alleges ORIF On Wrong Bone In Foot

162017_132140396847214_292624_nImagine going to the hospital for surgery on a particular bone in your foot, and when you awake from surgery, the surgeon performed surgery on the wrong bone. That is what a Navy veteran is claiming that happened to him, in his VA medical malpractice lawsuit filed under the provisions of the Federal Tort Claims Act.

The plaintiff alleges that he went to the Hampton VA Medical Center on July 25, 2014 due to pain in his foot. Following medical tests and x-rays, he was diagnosed as having a stress fracture of his right foot. On August 8, 2014, a podiatrist at the VA hospital performed surgery – an open reduction internal fixation (ORIF) of the third metatarsal on the man’s right foot – which involved implanting a metal plate and three screws along the third metatarsal.

As instructed by his surgeon, the man remained off of his right foot until he returned to his job as a deputy sheriff, on September 2, 2014. Within a short period of time, the man heard a pop in his right foot that caused pain. He went to a Navy medical center on September 7, 2014, at which time an x-ray showed fractures of his fourth and fifth metatarsals but also allegedly showed that his third metatarsal (the one that had the plates and screws in it) had not been fractured.

Under the confusing circumstances, the man sought a second opinion from a physician outside of the VA medical system, on September 12, 2014. The second-opinion physician allegedly confirmed that surgery on the man’s third metatarsal was unnecessary and that he needed surgery to place hardware on his fourth and fifth metatarsals; the physician also noted that the man had a post-operative infection from the first surgery.

The second-opinion physician performed surgery on the man’s right foot on October 27, 2014, during which the surgeon removed the plate and screws from the third metatarsal and placed hardware on the man’s fourth and fifth metatarsals, to treat those fractures.

The man’s Federal Tort Claims Act lawsuit (federal medical malpractice lawsuit) alleges that he continues to suffer from pain in his right foot as well as nerve damage that causes him to walk abnormally. The man’s lawsuit seeks compensation for his losses, including lost wages for the several months he was off of work following his second surgery (he retired from the Sheriff’s Office in November 2014, allegedly due to his medical condition).

The man’s VA medical malpractice lawsuit was filed in late May 2015, and seeks $2.15 million in compensatory damages from the United States government.


If you or a loved one received medical treatment through the VA that was negligent, or the VA negligently failed to provide necessary medical care in a timely fashion, you should promptly find a local medical malpractice lawyer in your U.S. state who handles VA medical malpractice claims who may investigate your VA medical malpractice claim for you and represent you in a medical malpractice claim involving the VA, if appropriate.

Click here to visit our website or telephone us toll-free in the United States at 800-295-3959 to find VA medical malpractice lawyers in your state who may assist you.

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This entry was posted on Monday, June 8th, 2015 at 5:07 am. Both comments and pings are currently closed.


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