e Podiatry Consent Forms

Case Law Report 2

with 4 comments

 Join Our Mailing List

 Medical Malpractice Suit Blames Podiatrist for Foot Pain

Case Law Report 2: 

[7/15/2008: Case No. B182-040] 


Informed-Consent [An Emergening Risk in Podiatry]


Facts of the Case 

A Beaumont Texas woman is suing the podiatrist who operated on her foot, claiming the doctor failed to warn her of the risks of surgery.
Court papers say Tammy McDaniel is suffering from Reflex Sympathetic Dystrophy [RSD], a condition she alleges is the result of foot surgery performed more than two years ago by Dr. Christopher Browning, podiatrist. McDaniel’s medical-malpractice suit was filed July 11 in Jefferson County District Court. Reflex Sympathetic Dystrophy Syndrome is a condition that features symptoms including pain, tenderness and swelling of an extremity. Events that can trigger the condition include trauma and surgery.


Reflex Sympathetic Dystrophy

In her suit, McDaniel says Browning performed decompression surgery on her left foot May 26, 2006. During the course of her surgery, McDaniel claims she suffered Reflex Sympathetic Dystrophy and pain “attributable to defendant’s failure to maintain the standard of care for surgery.”  “McDaniel’s own conduct did not contribute to the injuries in any way, and but for the negligence of the defendant, she would not have been injured,” the suit states.


McDaniel accuses Browning of negligently failing to “warn her of the dangers resulting from (his) incompetent treatment,” court papers say. “Dr. Browning, as a member of the medical community, had a duty to the plaintiff to sufficiently disclose any and all risks and hazards incident to the decompression surgery recommended by defendant, in order to permit the plaintiff to make an informed choice and give informed consent to the procedure,” the suit says. 


Lack of Informed-Consent Alleged

“Plaintiff would show that defendant was negligent in failing to disclose that the decompression surgery involved risks and hazards that would have influenced a reasonable person in making a decision to give or withhold consent,” the lawsuit continues.


Seeking Damages
McDaniel is seeking damages for past and future medical expenses, pain, mental anguish, impairment, lost earnings, loss of household services, disfigurement and fear of future disease as well as exemplary damages and fear of future disease or condition.


Law Firm and Judge
She is represented by attorney Brett Thomas of the Roebuck & Thomas law firm. The case has been assigned to Judge Gary Sanderson of the 60th Judicial District.
Case No. B182-040


Speaker:If you need a moderator, expert medical witness or speaker for an upcoming event, Dr. David E. Marcinko; MBA – Publisher-in-Chief – is available for seminar or speaking engagements. Contact: MarcinkoAdvisors@msn.com  or Bio: www.stpub.com/pubs/authors/MARCINKO.htm



Written by Dr. Marcinko

September 30, 2008 at 6:12 pm

4 Responses

Subscribe to comments with RSS.

  1. More on RSD Liability

    My friend is an orthopedic surgeon. He was sued after giving a cortisone injection into the shoulder. The patient got RSD. His consent form did not mention this complication; nor did his office notes. OUCH!

    Dr. David E. Marcinko; FACFAS, MBA, CMP
    Atlanta, Georgia

    Dr. Marcinko

    October 4, 2008 at 10:58 pm

  2. Preventing [Podiatric] Surgical Errors

    Health care executives across the country sat up and took notice of the updates contained in The Joint Commission’s 2009 National Patient Safety Goals, released last June.

    Attracting less attention, however, were equally noteworthy changes made to the Universal Protocol for Preventing Wrong Site, Wrong Procedure, Wrong Person Surgery, an inherent component of the safety goals.


    All is applicable to the DPM.

    Ann Miller RN, MHA

    Ann Miller RN, MHA

    July 22, 2010 at 11:49 am

  3. Case Dismissed

    This bogus case was dismissed immediately and as expected …. NEVER went anywhere as the entire case was deemed to be frivolous. The above story leaves out the real story that led to immediate dismissal during discovery!



    July 4, 2013 at 5:37 am

  4. CLR #2

    Thanks for finally talking about Case Law Report 2; I liked it!

    Dr. Bernhard


    October 17, 2013 at 6:40 pm

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: