Indiana Accident News

Indianapolis Man Wins Medical Malpractice Suit For Unnecessary Foot Surgery

A Marion County jury has awarded $1.21 million dollars to an Indianapolis man after a failed foot surgery ended in an Indiana medical malpractice suit. On June 24, 61-year-old David Lee of Indianapolis was compensated for his chronic foot pain that was the result of an unnecessary foot surgery that took place 13 years ago.

According to his Indiana medical malpractice lawyer, Lee was diagnosed with two foot-related medical conditions: a downward angled foot bone and an inflamed nerve. The medical board found that the first diagnosis was incorrect and that the surgery that followed was an unnecessary surgery. The medical board also ruled that the second diagnosis was correct and that the surgery was successful.

Due to Indiana's special medical malpractice caps, however, Lee will receive $750,000 of his original award. The Indiana Patient's Compensation Fund will pay for $650,000 of the damages, while Lee's doctor will pay for the remaining $100,000.

Why did Lee's medical malpractice case take 13 years? Part of the reason is because of Indiana's special medical malpractice laws, which involve taking your surgical error case in front of a three-person medical board for approval before you file a lawsuit - and medical board approval can take months or even years. When the medical malpractice case passes the board, it can then take years to finish a case in court and the doctors, hospitals, and healthcare providers involved could refuse to settle because the medical malpractice caps prevent them from taking too much damage if they lose a case.

Lee's doctor, Mark Schlichter, had never before been sued for medical malpractice in his 34 years as a podiatrist.

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