Woman blames loss of toe on podiatrist

John Suayan, Galveston Bureau Oct. 25, 2011, 8:00am

GALVESTON - League City resident Patricia Martinez is suing a local podiatrist over what she claims were botched procedures.

In a lawsuit filed Oct. 13 in Galveston County Court at Law No. 3, Martinez claims Dr. Elizabeth A. Kroboth "was negligent in her evaluation, diagnosis, care and treatment" two years ago.

According to the suit, Martinez sought treatment from Kroboth in response to a bunion and digital deformities in February 2009.

Six months later, Martinez underwent "a distal metaphyseal osteotomy of the first metatarsal head with screw fixation along with a tailors bunionectomy, second metatarsal osteotomy and anthroplasty of the second toe proximal interphalangeal joint, left foot."

The suit says Martinez experienced problems with the foot within the first two weeks after surgery when her second toe began contracting upwards. Martinez states she returned to Kroboth with concerns that the toe was "sticking up in the air."

The suit also states Martinez had additional surgery in November 2009 after efforts to relieve the pain and fix the deformity failed.

A third operation followed the next month as the previous one was unsuccessful, the original petition states.

Martinez asserts all three procedures did not make any improvements, so she sought a second and third opinion. Eventually, her toe was amputated because of osteomyelitis in March 2010.

"Her foot is severely deformed, and it is still impossible for her to wear anything but tennis shoes with orthotics," the suit says.

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

She is represented by attorney E.A. "Trey" Apffel III of League City.

Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 66,167

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