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Regarding my opinion the future of podiatric malpractice trials: Podiatrists that lack the "formal podiatric training or formal podiatric board certification" credentials should finally be allowed to perform podiatric surgical procedures they can adequately perform as well as have videotapes backing up any claims that they were adequately performed. Their podiatric training and podiatric surgical credentials should not be used by any attorney to attack or protect any claims if malpractice was committed because a videotape is present. Only relevant evidence as to if podiatric malpractice occurred regarding the specific podiatric procedure should be allowed into evidence. Since we are entering the digital age, the photographing and videotaping of podiatric procedures for all podiatrists that lack the demonstration of current competence should become mandatory in all hospitals OR's as a start. Having a videotape opens up the door to truthfulness and openness as to if podiatric malpractice did or did not occur. It is possible in the future as we travel through the digital age, podiatric surgical training and podiatric board certification may eventually be disallowed as evidence and instead the photographing and videotaping of podiatric surgical procedures will instead be allowed into evidence. What is more relevant, a list of a podiatrist's surgical credentials or a videotape of that podiatrist performing any podiatric surgical procedure that comes up. I already posted these opinions of mine on other websites. disclaimer: do not rely on the above opinions. They are only personal opinions by a podiatrist that is not an attorney . For any legal opinions please contact a licensed healthcare attorney. If you wish to post your opinions on this website, please e-mail me your request to do so. Daniel Chaskin DPM podiatrist1@optonline.net |
Podiatrist Malpractice was not committed "please disregard any lack of podiatric surgical training or certification." Only the videotapes or photographs should be used as evidence. |
Hopefully, courts of law will ignore and disallow consideration of a podiatrists lack of or completion of any formal podiatric surgical training and surgical board certification regarding any claims as to if surgical podiatric malpractice has or has not occured. The prudent plaintiff attorney may ask the question if in a hospital OR a videotape was not taken of the surgical procedure then why not? The prudent defense attorney may state that this is not commonly done and is not the current standard of care. Then the defense attorney may bring up that the podiatrist is residency trained. Then the plantiff attorney should and probably will counter by saying that residency training was outdated and performed possibly many years ago. Furthermore the plaintiff attorney may ask is your board certification in podiatric surgery current due to recertification or self assessenet. Personally I feel that any perceived lack of current "formal" credentialing that I or any other podiatrist may possibly have should be ignored by any court of law in a malpractice trial and only a videotape or pre and post op pictures should be allowed to be considered as evidence as to if podiatric surgical malpractice has or has not been committed. I feel it is unreasonable for a podiatrist in practice 25 years to now stop his private practice to complete a podiatric surgical residency training program. It would be more reasonable for a hospital credentialing committee to place that podiatrist on videotaped observation of any podiatric procedures done and that it be mandated for the patient to consent to such videotaping and knowledge that the podiatric surgeon of record is under such an observation status. |
The internet is a medium for me to express my personal opinions as to how non formal trained podiatrists can be granted podiatric privileges in a hospital situation and to prevent a hospital from relying upon formal podiatric residency training and formal certification in podiatric surgery. Furthermore, hospitals are increasing and not decreasing credentialing standards by demanding current videotapes of surgeons performing OR procedures before being taken off of observations status. If a specific podiatric surgical procedure was not documented within 2 years that podiatrist should be placed again on obserevation status regarding such a podiatric surgical procedure. |