I had a bad toe pain, VA Podiatrist tried a couple of non surgical steps, then we went with surgery.
After surgery the toe would not bend. I went back for Physical Theropy and 2 months later it still does not bend. I filled a claim for 1151. They turned it down, stating I did not show where the Dr. was careless, neglectfull, lacked proper skill, or that it was not reasonably forseen.
The Dr. talked about risks with the surgery such as, infection, reaction to anastesia, scar tisue, and loss of sensitivity due to cut nerves. I related to the last two items due to previous surgeries and agreed to go forward with the surgery. In my mind, the loss of use of this toe was not reasonably forseen.
Where can I find what risks are considered "Reasonable"?
I don't think that loss of use due to Hammertoe surgery was reasonably forseen. I searched high and low, but can not find where ANY risks are detailed as resonably forseen.
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brewers_2150
I had a bad toe pain, VA Podiatrist tried a couple of non surgical steps, then we went with surgery.
After surgery the toe would not bend. I went back for Physical Theropy and 2 months later it still does not bend. I filled a claim for 1151. They turned it down, stating I did not show where the Dr. was careless, neglectfull, lacked proper skill, or that it was not reasonably forseen.
The Dr. talked about risks with the surgery such as, infection, reaction to anastesia, scar tisue, and loss of sensitivity due to cut nerves. I related to the last two items due to previous surgeries and agreed to go forward with the surgery. In my mind, the loss of use of this toe was not reasonably forseen.
Where can I find what risks are considered "Reasonable"?
I don't think that loss of use due to Hammertoe surgery was reasonably forseen. I searched high and low, but can not find where ANY risks are detailed as resonably forseen.
Anybody able to help?
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