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LAWSUIT CLAIMS VA DOCTORS OPERATED ON THE RIGHT

FOOT, WHICH WAS THE WRONG FOOT -- VA denied

veteran's administrative claim, so he has filed suit.

 

 

For more on negligence lawsuits, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/
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+negligence&op=and

Story here... http://www.post-
gazette.com/pg/07237/812130-85.stm

Story below:

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Lawsuit says docs operated on right foot, which was wrong foot

By Paula Reed Ward
Pittsburgh Post-Gazette

When Terry Fortson was getting prepped for routine surgery to correct a bunion and hammer toe on his left foot last winter, he watched as medical personnel made markings to ensure the correct foot was operated on.

But when Mr. Fortson, 60, of McKeesport, woke up from his anesthesia, it was his right foot -- the wrong foot -- that was bandaged.

He filed an administrative claim with the Department of Veterans Affairs, claiming that he was injured by doctors at the VA Pittsburgh Healthcare System at University Drive where the surgery was performed.

The department denied the claim, even though there was nothing in Mr. Fortson's medical records indicating any problems with his right foot, said his attorney, Ralston S. Jackson.

Yesterday, Mr. Fortson filed a federal lawsuit, naming the United States, which operates the facility, as well as the two podiatrists who operated, Drs. Dana H. Waters and Wayne B. Wolfe.

VA Pittsburgh spokesman Dave Cowgill said he couldn't comment on pending litigation.

According to the lawsuit, Mr. Fortson went to the podiatry clinic for the VA Pittsburgh for an ulceration on his left foot.

He returned for several follow-ups, and on Feb. 13, 2006, had a preoperative evaluation to have a bunion and hammer toe corrected on his left foot.

When he awoke from the Feb. 22 surgery, Mr. Fortson found that the wrong foot had been operated on.

In his lawsuit, he is alleging negligence for the facility's failing to provide proper care.

Among his claims, Mr. Fortson said he suffered mental anguish; pain and permanent deformity of his right foot; an increased risk for future problems with the right foot; and loss of enjoyment of life.

He is seeking at least $75,000 in damages.

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Larry Scott  --