Podiatry negligence claims

Podiatry negligence claims

For finding answers and getting justice

If you are receiving care from a podiatrist, you're placing your trust in them to safeguard your mobility and overall foot health. When that trust is broken due to podiatry negligence, the impact can be significant, affecting not just your physical wellbeing, but your emotional state too.

If you've been injured or harmed as a result of clinical negligence at the hands of a podiatrist, you can make a medical negligence claim to help you achieve justice. That's where Switalskis can help. We understand that navigating the legal processes around clinical negligence claims can seem overwhelming, which is why we're committed to standing by your side during this journey.

Now is the time to take that vital first step towards justice. Claiming the compensation that you deserve can help you on your road to recovery. With Switalskis, you'll find a team of expert solicitors ready to guide, support and advocate for you every step of the way.

Call us on 0800 1380 458, or get in touch with us through the website to discuss your claim with a member of our specialist medical negligence team. We'll help you navigate this challenging path, making sure that your voice is heard and your rights are protected.

How Switalskis can help you

Navigating the complexities of podiatry negligence claims can be daunting, but with Switalskis, you're never alone. Our dedicated team is here to provide clarity, compassion and expertise, making sure you're ideally placed to achieve the best possible outcome for your case.

Here's how we'll assist you:

  • Using our expert understanding of the law surrounding podiatric medicine, we'll challenge any substandard care you've received. This means going through medical records and consulting with medical experts to build a strong case that will get you the compensation you deserve.
  • We take the time to understand your specific situation, making sure that we can deliver advice and a strategy that is tailored to your needs.
  • We recognise the emotional toll that negligence can take. We'll provide not just legal advice but also emotional support, to make sure you feel heard and understood throughout the process.
  • We'll keep you informed at every stage, from explaining the law surrounding clinical negligence claims to updating you on the progress of your case.
  • We offer a wide range of funding options, including no win, no fee claims, to make sure you can pursue justice without having to worry about costs.

With years of experience handling clinical and surgical negligence claims, we're known as leading experts in this particular field. Our team includes highly trained solicitors who are accredited by the Law Society and AvMA (Action Against Medical Accidents) , and who earned these credentials due to their industry-leading knowledge of the sector.

At Switalskis, our commitment goes beyond legal representation. We're here to be your ally, your advocate and your support system, empowering and informing you every step of the way.

Read what our clients had to say about the help they received from Switalskis

What is classed as negligence in podiatry?

Negligence in podiatry, as in other medical fields, involves the breach of a duty of care that a professional owes to their patient. Every podiatrist has a legal responsibility to provide care that meets established professional standards. This means that when you visit a podiatrist, they're obliged to treat you with the same level of skill, care and diligence that any other competent podiatrist would under similar circumstances.

In order to make a clinical negligence claim against a podiatrist, you must be able to prove that they failed to meet this minimum standard. When we're building a case for you, we'll look to demonstrate the following:

  • That your podiatrist failed to provide the expected level of care, whether through action or omission. This could be due to a lack of knowledge, not following established protocols, or even simple oversight.
  • That there was a direct link between the podiatrist's negligence and the harm or injury you suffered. In other words, we need to prove that the harm wouldn't have happened if the podiatrist had adhered to the expected standard of care.
  • That their negligence led to actual harm or injury, whether this is physical (such as a foot condition getting worse) or psychological (like trauma or distress caused by the incident).

Establishing these facts needs strong evidence. This may include a combination of medical records, expert testimonies and a thorough understanding of the standards expected within podiatric medicine. By contacting Switalskis, we can bring all of this together to build a compelling case for you.

Example cases of negligent podiatry care

Podiatry, like all medical fields, has its share of cases where negligence leads to patient harm. Take a look at these examples for an indication of what might be classed as negligence within the realm of podiatric medicine:

  • Misdiagnosis or delayed diagnosis: When a patient presents with persistent foot pain, but the podiatrist dismisses it as a minor issue without proper examination. This may result in a serious condition like a stress fracture being missed, and then getting worse due to a lack of timely treatment.
  • Improper surgical procedures: When the podiatrist makes a mistake during a procedure, potentially leading to nerve damage and chronic pain that wasn't present before the surgery.
  • Failure to obtain informed consent: When a podiatrist doesn't adequately explain the potential risks and benefits to a patient before surgery. If the patient doesn’t understand the possible outcomes, they won't be able to judge the potential downsides of elective surgeries and might experience complications they were unaware could happen.
  • Neglecting patient history: When a podiatrist fails to consider a patient's medical background and prescribes a treatment or medication that's inappropriate or triggers a dangerous reaction.
  • Improper management of diabetic foot: When a diabetic patient visits a podiatrist for regular foot care, and the podiatrist fails to notice early signs of an ulcer. This can lead to the ulcer becoming infected, creating severe complications.
  • Faulty equipment use: When a podiatrist uses badly maintained or improperly sterilised equipment, resulting in injury or infection.
  • Failure to refer: When a patient presents with symptoms that are beyond the expertise of a general podiatrist, but the podiatrist attempts treatment instead of referring them to a specialist. This can cause issues to get worse.
  • Post-operative negligence: After a surgical procedure, a podiatrist fails to provide clear post-operative care instructions. The patient, unaware of proper care techniques, might develop complications due to this oversight.

While most podiatrists provide excellent care, understanding potential areas of negligence can help patients advocate for their health and wellbeing. If you've experienced any of these examples of negligent care, you may have grounds to make a compensation claim.

What are the potential health consequences of substandard podiatry?

Substandard care in podiatry can have profound implications for a patient's overall health and quality of life. Here are some of the potential lasting consequences of serious errors made by your podiatrist:

  • Chronic pain: Mistakes in diagnosis or treatment can lead to persistent pain in the feet, ankles or even the entire lower limbs. This pain can limit mobility and make it hard to take part in daily activities.
  • Mobility issues: Improper treatment or surgical errors can lead to difficulties in walking, running or even standing. This can affect a person's independence, making them reliant on mobility aids or assistance.
  • Infections: If sterilisation procedures aren't followed or wounds aren't properly cared for, infections can develop. In severe cases, these infections can affect the entire body.
  • Permanent disability: Severe cases of negligence, especially in surgical procedures, can lead to permanent disabilities. This might include nerve damage, loss of function, or even amputation in extreme cases.
  • Complications from medication: Without a thorough review of a patient's medical history or current medications, a podiatrist might prescribe drugs that cause allergic reactions, harmful side effects or negative interactions with other medications.
  • Mental and emotional strain: Chronic pain, reduced mobility or the stress of dealing with complications can lead to mental health issues like depression, anxiety or low self-esteem.
  • Financial costs: Having to go back for repeated treatments, surgeries or therapies to correct or manage the consequences of substandard podiatry can be costly. This can lead to financial strain, especially if the patient is unable to work due to their health issues.
  • Decreased quality of life: The effects of these health consequences can significantly reduce a person's quality of life. Activities they once enjoyed might become impossible, and the person might become more isolated as a result.

If you've experienced any of these complications due to substandard treatment or improper management at the hands of your podiatrist, making a claim for compensation can help you get the support you need.

What's the process for podiatry negligence claims?

Starting a podiatry negligence compensation claim might feel overwhelming, but at Switalskis, we'll streamline the process to make sure you're at ease from start to finish.

Here's an overview of what the podiatry negligence claims process involves:

Step 1: Initial consultation

Reach out to Switalskis for a free, no-obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take a detailed witness statement to tell your version of events. We will obtain a medical report from a suitable expert who can advise whether there has been a breach in the duty of care by the medical professionals treating you and whether that negligent treatment has caused your injuries. We may also arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis.

Step 3: Notifying the defendant

once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they are at fault, which is called an admission of liability. If they do not accept fault, they will state this, which is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant has admitted fault, negotiations can start. Our solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result and/or may experience in the future.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Throughout this journey, our commitment is to keep you informed, answer your questions, and guide you. Our dedicated team at Switalskis is determined to make the process as seamless and stress-free as possible, allowing you to focus on your recovery and wellbeing.

Call us on 0800 1380 458, or get in touch with us through the website to discuss your claim with a member of our specialist medical negligence team. We'll help you navigate this challenging path, making sure that your voice is heard and your rights are protected.

Our podiatry negligence claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Is there a time limit for podiatry negligence claims?

Understanding the time constraints for making a podiatry negligence claim is important. Generally, there's a three-year window from the date of the negligent treatment, or from the date you first became aware of the negligence. This is often referred to as the limitation period.

However, there are some exceptions to this rule:

  • Children: if the negligence happened when the patient was under 18, the three-year time limit doesn't start until their 18th birthday. Parents or guardians can also initiate a claim on behalf of a minor before they reach 18.
  • Mental capacity: for people who lack the mental capacity to make legal decisions, the three-year time limit might not apply. In such cases, a claim can often be made at any time unless the person regains their mental capacity, in which case the three-year limit would start from that date.
  • Fatal cases: if the negligence led to the death of a patient, the family has three years from the date of death or from the date of the postmortem results to make a claim.

It's essential to act promptly if you believe you've been a victim of podiatry negligence. Even if you think you might be outside the time limit, it's worth seeking legal advice. In rare circumstances, there can be exceptions to the limitation period, and a legal expert can provide clarity on your specific situation.

How much compensation could I claim for podiatry negligence?

The compensation amount for podiatry negligence claims can vary significantly based on the specifics of each case. It's not just about the immediate harm or injury; it's about the broader impact on your life, both now and in the future. Here's a breakdown of what we might consider:

  • The lasting impact and severity of the injury
  • The cost of past and anticipated future medical expenses
  • The value of any lost earnings, now and in the future
  • Any physical pain and emotional distress you've suffered
  • Costs for needed care, whether professional or from your family
  • Home adaptations or equipment modifications that you've needed due to the injury
  • The emotional and psychological effects of the ordeal
  • The impact on your lifestyle, if you've been forced to give up hobbies or activities
  • Legal precedents set by previous similar cases, and the amount of compensation that was awarded

Because every case is unique, it's impossible to provide a specific estimate of how much compensation you could claim without looking at the details. Speak to Switalskis, and we'll review your case to offer guidance on the potential value of your claim.

How are podiatry negligence claims funded?

Navigating the financial aspects of a podiatry negligence claim can be daunting, but Switalskis is dedicated to making sure that nobody is prevented from making a claim due to financial worries. We offer a variety of options, including:

  • No win, no fee agreement: Also known as a conditional fee agreement (CFA), this is the most common way to fund a podiatry negligence claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, our base costs will be met by the defendant. The success fee will be payable from your compensation. This option allows you to pursue your claim without any financial risk, and our expert team will discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: We will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal Aid: In very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

It's essential to understand your funding options and choose the one that's right for your situation. Switalskis will talk you through the potential costs and funding methods to help you find the right one for you.

How long do podiatry negligence claims take?

Pursuing a podiatry negligence claim is a significant step, and it's natural to wonder how long the process might take. On average, podiatry negligence claims can take anywhere from a few months to several years to resolve, depending on the following factors:

  • The complexity of the case - Complicated cases, especially those involving multiple parties or disputed details, can take longer
  • Gathering evidence - obtaining all the necessary medical records, expert opinions and other evidence can be time-consuming
  • The defendant's response - If the party you're claiming against admits fault early on, the claim can progress more quickly. However, if they dispute the claim, further investigations and negotiations might be needed
  • Negotiations - Some cases can be settled quickly out of court through negotiations. The length of this phase can vary depending on the willingness of both parties to reach an agreement
  • Court proceedings - If a settlement isn't reached and the case goes to court, this can extend the timeline. Court schedules, preparation and the trial itself can add months or even years to the process.
  • The severity of the injury - Claims involving severe injuries or long-term health implications might take longer, as they need a thorough assessment to determine the full extent of compensation needed

At Switalskis, we understand the importance of resolving your claim efficiently. We'll always aim to make the process as quick as possible while keeping our main focus on obtaining the justice and compensation you deserve.

Why Switalskis?

Navigating the aftermath of a podiatry negligence incident can be overwhelming. The physical and emotional toll, coupled with the complexities of the legal process, can be daunting. At Switalskis, we're here to guide you through these challenging times.

Clarity in complexity

Podiatry negligence claims come with their own set of challenges. With our expertise, the process becomes much easier. We're dedicated to breaking down complex legal jargon into understandable terms. Our goal is to answer all your questions, simplify the process, and make sure you're well-informed at every stage.

Empathy at every step

Every person's experience with podiatry negligence is unique, and we take the time to truly understand your situation. We're here to listen to your concerns to make sure our advice caters to both your emotional wellbeing and legal needs. To us, you're not just another case; you're a person seeking justice, and we're committed to standing by your side.

Expertise you can trust

When dealing with something as significant as a podiatry negligence claim, you need assurance that you're in the best hands. Our team, with its vast experience in clinical negligence claims, is equipped to handle the nuances of podiatric medicine cases. We've helped countless families in similar situations to yours to get the compensation they deserve.

Championing your rights

Our passion is to uphold your rights and make sure your voice is heard. We're here not only to help you secure the compensation you rightfully deserve but also to hold those responsible accountable for their mistakes. By doing so, we aim to help make sure the right lessons are learned, and that others in future don't suffer the way you did.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If you believe that you or a loved one have been a victim of podiatry negligence, taking the first step towards justice is essential. Switalskis is ready to guide you through every step, offering expert advice, compassionate support and strong legal representation.

Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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