Our client, a 53-year-old woman with a history of diabetes, sought treatment from the defendant, a podiatrist, for a diabetic ulcer on her heal. She was prescribed antibiotics and advised to see a wound care specialist. After she had difficulty obtaining an appointment, our client contacted the defendant on multiple occasions for the increasing pain, but the defendant doctor failed to re-examine her and gave prescriptions over the phone instead. The progression of the infection became severe, requiring surgery in order to stop the infection from spreading any further.
During the three week trial, the defense tried to put the blame on our client, claiming she was responsible for not seeking the correct care, which lead to the progression of her infection. Finz & Finz attorney John S. Kanzler argued to the Nassau County jury that when our client called the doctor complaining of increased pain, she should have been brought back into his office to be re-evaluated. Mr. Kanzler proved to the jury it was the podiatrist’s departure from the standard of care that led to the progressing infection, and a $1 million verdict was awarded to our client.