Podiatry Negligence Claims

Overview of Foot Care in Ireland

Foot care in Ireland is provided by a range of professionals in both community and hospital settings. While many people use the terms "chiropodist" and "podiatrist" interchangeably, it is helpful to understand the current professional landscape.

Historically, the term Chiropodist was commonly used to describe professionals dealing with routine foot care, such as nail cutting and corn removal. In recent years, the profession has evolved significantly.

Today, the title Podiatrist is the standard, internationally recognised term. It reflects a broader scope of practice that includes high-risk patient management (such as diabetic care), minor surgery, and biomechanics. Under current Irish regulations, both titles are protected, meaning a practitioner must be properly registered to use them. Regardless of the title used, if a professional is treating your feet, they owe you a duty of care.

What constitutes "negligence" in foot care?

In simple terms, negligence occurs when the care you received fell below the standard reasonably expected of a competent professional. It is not just about a treatment failing or a slow recovery. It is about whether the practitioner made an error that no other competent podiatrist would have made in the same situation.

This might involve failing to spot a clear warning sign, performing a procedure incorrectly, or not referring you to a specialist when your condition required it. If this failure directly caused you harm, you may have grounds to investigate a claim.

The scope of care (Public vs. Private)

In Ireland, podiatry services are delivered in various settings, yet the legal requirement for a proper standard of care remains the same across all of them:

• HSE Community & Hospital Services: Many patients, particularly those with diabetes or circulatory conditions, access care through the HSE or voluntary hospitals.
• Private Practice: A significant portion of routine and biomechanical care takes place in private clinics.

Whether you were treated in a busy public hospital clinic or a private high street practice, the professional standards do not change. Every practitioner is responsible for ensuring their treatment is safe, appropriate, and competently delivered.

Where podiatry negligence can arise

Foot care is complex because it often intersects with other serious health issues, such as diabetes, vascular disease (blood flow problems), and neurology. Consequently, errors can happen in routine maintenance, complex surgery, or diagnostic assessments. Most concerns we encounter tend to fall into the following categories.

High-risk diabetic foot management

Diabetes is perhaps the most critical area of podiatric care. Patients with diabetes often have reduced sensation in their feet and poor healing capabilities. A minor injury can rapidly escalate into a limb-threatening emergency if not managed correctly.

Common failures in this area include:

• Mismanagement of ulcers: Failing to properly dress, clean, or offload pressure from a diabetic ulcer, leading to deterioration.
• Failure to recognise infection: Missing the early signs of infection in a diabetic foot, which can spread quickly to the bone.
• Delayed referrals: Failing to refer a patient immediately to a vascular surgeon or an endocrine team when the foot shows signs of gangrene or severe ischaemia (lack of blood supply).

Missed or delayed diagnosis of conditions

Podiatrists are often the first clinicians to examine a patient’s foot and ankle pain. When they miss what should be obvious to a trained eye, the patient suffers.

We investigate cases involving:

• Missed fractures: Failing to identify a stress fracture or traumatic break, often dismissing it as a sprain, leading to long-term deformity or arthritis.
• Undiagnosed infections: Missing signs of osteomyelitis (bone infection) or fungal infections that require aggressive medication.
• Failure to spot vascular compromise: Not noticing that a patient has critically poor circulation, which makes certain treatments dangerous.

Surgical and procedural errors

Podiatrists frequently perform minor surgeries, such as nail avulsions (removing part or all of a toenail) or soft tissue procedures. Like any surgery, these carry risks, but negligence arises when the technique is flawed.

Issues often arise from:

• Nail surgery errors: Leaving a spike of the nail behind during an ingrown toenail procedure, causing regrowth and recurrent infection.
• Chemical burns: Incorrect use of phenol (a chemical used to stop nail regrowth), causing burns to the surrounding healthy skin.
• Poor hygiene standards: Using unsterilised instruments or maintaining a non-sterile environment, resulting in post-operative infections.

Biomechanics and orthotics failures

Many people visit a podiatrist for insoles (orthotics) to correct flat feet, high arches, or gait abnormalities. While this seems non-invasive, incorrect prescriptions can cause significant harm.

Negligence in this area may involve:

• Incorrect prescription: Supplying orthotics that force the foot into an unnatural position, causing new injuries to the knees, hips, or lower back.
• Failure to assess: Providing devices without a thorough gait analysis or examination of the patient's medical history.
• Worsening existing conditions: Prescribing rigid devices to a patient who requires cushioning, aggravating conditions like plantar fasciitis or Achilles tendonitis.

The consequences that tend to drive claim enquiries

Because we need our feet for almost every aspect of daily life, the ripple effect of an injury can be profound. We typically see clients whose lives have been altered in the following ways:

• Spread of aggressive infection: A simple cut or untreated ingrown toenail can lead to cellulitis or sepsis, requiring hospitalisation and intravenous antibiotics.
• Loss of mobility and independence: Chronic pain or structural damage can make walking difficult or impossible, forcing patients to take time off work or rely on family for daily care.
• Amputation risks: In the most severe cases,particularly involving diabetic patients,a delay in treating an ulcer or infection can lead to the tragedy of toe, foot, or lower leg amputation.

Standards, protocols, and regulation in Ireland

It is important to understand the regulatory landscape in Ireland to appreciate your rights. The profession is regulated by CORU (the Health and Social Care Professionals Council).

Since March 2021, the title of "Podiatrist" (and Chiropodist) has been fully protected. This means that anyone using this title must be registered with the Podiatrists Registration Board at CORU.

Registration ensures that the professional has met specific educational standards and adheres to a strict code of professional conduct and ethics. When you visit a registered professional, you have a legal right to expect care that aligns with these standards. If a practitioner operates outside of their scope of practice or ignores established clinical guidelines, they are failing in their professional duty to you.

When a poor outcome is not necessarily negligence

Medical negligence law is complex because a bad result does not automatically mean the podiatrist was negligent. All medical treatments carry some degree of risk.

For example, an ingrown toenail might grow back even after a perfectly performed surgery due to the body's natural healing response. This is often considered a known complication rather than an error.

To prove a legal case, we must demonstrate that the poor outcome was caused by an avoidable error, not just bad luck. We must establish three legal tests:

• Duty of Care: We must confirm that a professional relationship existed between you and the podiatrist (this is usually straightforward).
• Breach of Duty: We must prove that the podiatrist did something that no competent practitioner would have done in those circumstances. If a group of respectable podiatrists would have taken the same course of action, there is likely no negligence.
• Causation: This is often the most critical part. We must prove that the specific error directly caused your injury. If the injury would have happened regardless of the treatment, the claim may not succeed.

Time limits in Podiatry Negligence Claims

If you believe you have been harmed by negligent foot care, you must act within strict timeframes set by Irish law. This is known as the Statute of Limitations.

Generally, you have two years to issue legal proceedings. This clock starts ticking from the date the negligence occurred.

However, in many medical cases, the damage is not immediately obvious. For example, if a podiatrist leaves a piece of nail in your toe, you might not realise it until an infection flares up months later. In these cases, the two-year limit may start from the date you knew (or should have known) that the injury was significant and attributable to the treatment.

There are exceptions to these rules, such as cases involving children (where the time limit does not begin until they turn 18) or individuals who lack the mental capacity to make a claim. However, relying on exceptions is risky. We always advise seeking legal advice as soon as possible to prevent your claim from becoming "statute barred."

Evidence and documentation that is usually relevant

To build a strong case, we need to construct a clear timeline of what happened, what decisions were made, and how your condition deteriorated. We assist our clients in gathering the necessary proofs, which typically include:

• Clinical notes from the podiatrist: These records should document your symptoms, the assessment carried out, the diagnosis, and the treatment plan.
• GP records and referral letters: These help establish when you sought further help and what information was passed between your doctors.
• Photographs: In foot injury cases, photographic evidence is vital. Photos of the foot before treatment, immediately after, and during the healing (or deteriorating) process provide powerful visual proof.
• Consent forms: If you underwent surgery, we review the consent forms to ensure you were adequately warned of the risks.
• Personal timeline: Your own detailed account of appointments, conversations, and pain levels helps us contextualise the medical notes.

What an investigation typically focuses on

When Michael Boylan LLP investigates a podiatry claim, we are looking for specific pivot points where the care failed. Our investigation generally focuses on:

Whether red flags were acted upon

Did you present with symptoms that should have triggered an alarm? For example, a cold, pale foot suggests a lack of blood flow. If a podiatrist ignored this and proceeded with invasive treatment, they may have ignored a critical red flag.

Whether referrals happened fast enough

Delay is a major factor in foot health. We examine if there was an unreasonable delay in sending you to a hospital vascular team, an orthopaedic surgeon, or a diabetes clinic. In conditions like wet gangrene or acute Charcot foot, a delay of even 24 hours can alter the outcome.

Whether the correct expert evidence supports the claim

In Ireland, you cannot initiate a medical negligence claim based solely on a solicitor's opinion. We must obtain an independent expert report from a suitably qualified podiatrist or consultant surgeon. This expert must confirm that the care you received was substandard. We have access to a network of leading UK and international experts to provide this objective analysis.

FAQs

Is a podiatrist the same as a chiropodist in Ireland?

Essentially, yes. Both terms refer to foot health professionals, but "Podiatrist" is the more modern term that reflects a broader scope of practice, including minor surgery and diabetic care. Both titles are protected by CORU.

Are podiatrists regulated in Ireland?

Yes. Since March 2021, all podiatrists and chiropodists must be registered with the Podiatrists Registration Board at CORU to practice legally.

Do medical negligence claims go to the Injuries Resolution Board?

No. Medical negligence claims are generally excluded from the Injuries Resolution Board (formerly PIAB). These cases are complex and usually require a solicitor to manage the investigation and court proceedings.

How long do I have to make a claim?

You generally have two years from the date of the injury or the "date of knowledge" (when you realised the injury was due to negligence). It is best to act quickly to preserve evidence.

Do I need to make a formal complaint before seeking legal advice?

You are not strictly required to make a formal complaint to the clinic or HSE before contacting a solicitor. However, a complaint response can sometimes provide useful information regarding what went wrong. We can advise you on the best strategy.

What if my treatment was in a private clinic?

You can pursue a claim regardless of whether the care was public or private. The standard of care required by law is the same in both settings.

What records should I try to gather first?

Start by saving any appointment texts, emails, or letters. Take clear photographs of your foot injury if it is visible. We can formally request your medical notes and clinical records on your behalf.

Can I claim if I consented to the procedure?

Yes. Signing a consent form means you agreed to the procedure, not to the procedure being performed negligently. If the surgery was performed poorly, your consent does not protect the practitioner from liability.

Contact our specialist team

If you or a loved one has suffered due to poor foot care, it can feel isolating and overwhelming. At Michael Boylan LLP, we are dedicated specialists who understand the clinical intricacies of cases involving vascular compromise, surgical errors, and diabetic foot management.

We approach every enquiry with empathy and rigorous attention to detail. Our goal is to provide you with honest, evidence-led advice on whether you have a viable case. We will listen to your story, review your potential claim, and guide you through the process with clarity and professionalism.

To discuss your experience in confidence, please contact our team today.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.