Podiatry Malpractice : What is a podiatrist ?

Before undertaking the podiatric malpractice case, it is critical to understand what a podiatrist does and how the podiatrist differs from other medical practitioners in terms of education and scope of practice.   The Doctor of Podiatric Medicine (D.P.M.) is a peculiar breed of practitioner that is uniquely situated in the medical profession. In order to properly prosecute or defend a podiatric negligence or malpractice case, the attorney needs an understanding of podiatric principles and a familiarity with the similarities and differences between the podiatrist and other allopathic or osteopathic physicians.

SCOPE OF PRACTICE

A license to practice podiatric medicine and surgery is a limited license. State law governs the scope of podiatric practice. Scope of practice differs vastly among the states and in some states it is strictly localized to the foot only, others define practice to include the ankle and some include the entire lower leg. Furthermore, statutes and regulations may authorize or prohibit certain procedures such as amputation or define a practice limited to a specific anatomical level such as soft tissue only.

TIP # 1.   It is prudent for the attorney to check the respective state's regulations when evaluating or defending a podiatric malpractice case in order to determine if the treatment rendered was within the scope of practice as defined by state law.


Podiatrist Pleads Guilty to Medicare Health Care Fraud (Illinois)

A podiatrist from Illinois pleaded guilty Friday to bilking Medicare out of thousands of dollars over the past decade by writing bills for medical procedures not performed. The podiatrist's  attorney Ron Hamm contends the amount is less than $20,000, however the government is claiming the amount is closer to $270,000.


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Podiatrist Pleads Guilty to Rx Drug Charges (Ohio)

An Ohio podiatrist pleaded guilty Thursday to a federal charge of conspiring to distribute oxycodone. Dr. Mark Stieby, 37, faces up to 20 years in prison when U.S. District Judge Danny Reeves sentences him on July 14 in Covington. Dr. Stieby admitted to writing prescriptions for oxycodone to three patients in exchange for some of the pills to feed his own addiction to pain medications. According to court records,  the podiatrist took at least 610 pills.

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Podiatrist pleads guilty in drugs-for-sex case (Illinois)

A disciplinary action is violation of the podiatrist's ethical code of conduct.  The professional ethical code governs  professional conduct for those within the organization in order to provide guidelines and/or rules by which the podiatrist is expected to practice.  

The American Podiatric Medical Association (A.P.M.A.) sets forth a Code of Ethics (2005) that governs areas such as  physician patient relationship, billing, and standards of practice.  Although not malpractice per se, many times unethical conduct on part of a podiatrist may reveal elements of an underlying malpractice action.   In addition, some disciplinary actions against a podiatrist may lead to and support a criminal case against the doctor, such as found in the following case. 

Clearly, not only is an intimate relationship with a patient violative of the Code, but the exchange of intercourse for narcotics and taping the encounters, would constitute violations of the code as well.    For instance, yesterday,

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Revocation of Medical License of Ming Tung, D.P.M. (New Jersey)

It is always desirable to research the background of any professional that you may consider engaging for professional services.  In New Jersey, physicians and podiatrists are regulated and governed by the New Jersey State Board of Medical Examiners. At their website you can research and obtain information about physicians and podiatrist who may have been disciplined by the Board.  While not always an indicator of the competence of the practitioner, it is often the case where a significant history can serve as barometer of the ethical and medical aptitude of the provider.   

For example, in the medical  license of podiatrist Dr. Ming Tung, D.P.M. was recently revoked  as a result of fraudulent insurance activity.  The FINAL ORDER OF REVOCATION OF LICENSE was filed September 26, 2007 and viewable at the site. This matter was presented to the Board by way of settlement of an investigation into the conduct of the Doctor. He was the subject of a federal civil and criminal investigation involving fraud on the Medicare Program. Dr. Tung agreed to pay $868,313.38 in settlement of civil claims alleged by the Department of Justice and the Office of Inspector General of the Department of Health and Human Services. He also pled guilty to a one Count Information, in the District Court of New Jersey. Dr. Tung in a plea agreement agreed to make restitution in the amount of $350,000.00.

$2M Verdict For PA Man has Corn Removed, Loses Both Legs (Pennsylvania)

A jury has awarded more than $2 million to a man who had a corn removed from his toe and ultimately lost both legs after a series of infections. Donald Davis Sr., 59, of North Wales, Montgomery County, sued Pottstown podiatrist Therese M. Rinaldi, who removed the corn. Davis, who had circulation problems, developed an infection, gangrene and then a staph infection after the corn was removed. He was later treated for sores on both legs. Doctors ultimately decided to amputate his right leg above the knee and his left leg below the knee.

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Accused IL Podiatrist Claims Vaginal Exam is "Normal Procedure" (Illinois)

A podiatrist from Olympia Fields sexually assaulted a 75-year-old woman during a medical exam then told her he'd done her "a favor," a judge heard in court this week. Dr. Anthony Overton, 63, claims he was following normal procedures for a foot doctor when he touched the woman's breasts and inserted his finger into her vagina and rectum. But as Overton's bench trial began before Judge Michael Toomin at the Cook County Criminal Court on Tuesday morning, Assistant State's Attorney Beth Pfeiffer said, "Those transgressions were a crime."

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Alleged Misdiagnosis - Cancer Wrongful Death (Michigan)

FACTS: The estate of a patient who died from a rare form of cancer alleged the man's death was due to negligence of the man's treating podiatrist. Plaintiff claimed defendant violated the standard of care, but the jury disagreed with that argument and returned a verdict in favor of defendant.

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NY Podiatrist Arrested For Allegedly Billing Dead Patients (New York)

A Long Island podiatrist was arrested and charged with bilking federal and state healthcare programs by billing them for treatments on patients who had died.

Dr. Alan Cantor was arraigned Wednesday on charges including grand larceny and scheming to defraud. Bail was set at $3,000 bond or $1,500 cash.

Nassau County District Attorney Kathleen Rice said that the East Meadow podiatrist had bilked Medicare and Medicaid programs of more than $30,000 over a year-and-a-half by billing them for treatments on patients who had died.

Source: Associated Press [3/13/08]

Alleged Failure to Order Bone Density Test (New Jersey)

Facts: The female plaintiff in her late 20s had received overlapping treatment from the three defendants, including an internist, podiatrist and ob/gyn, with the ob/gyn seeing her last. The plaintiff contended that despite the weight of the 5 ft. 5 in. tall plaintiff, which dropped as low as 101 lbs., frequent rigorous exercise, the loss of her period and the suffering of two stress fractures to the feet, the defendants negligently failed to consider that the plaintiff might be suffering from an eating disorder.

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