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Patient claims unnecessary foot surgery caused infection, partial amputation

SOUTHEAST TEXAS RECORD

Saturday, April 19, 2025

Patient claims unnecessary foot surgery caused infection, partial amputation

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HOUSTON — A patient claims a surgeon performed an unnecessary foot surgery which caused his infection and partial amputation of his foot. 

Robert Earl Tucker filed a complaint Feb. 8 in Harris County District Court against Dr. Marco A. Vargas PA doing business as Vargas Foot & Ankle Specialists and Marco Vargas DPM alleging negligence. 

According to his complaint, Tucker underwent bunion correction surgery performed by Vargas on Sept. 15, 2021. He claims that in November of 2021, a second surgery was done due to a bone infection and in December of 2021, he required amputation of part of his foot. Tucker further alleges his second foot surgery was unnecessary and that Vargas failed to properly evaluate his condition prior to the surgery. He claims Vargas' negligence for failing to order an arterial doppler exam or provide him with adequate post surgery care including timely treatment of his post-surgical infection. Tucker alleges he has suffered disfigurement, pain, lost wages and incurred medical care expenses as a result of Vargas' negligence. 

Tucker seeks monetary relief between $250,000 and $1 million, interest trial by jury and all other just relief. He is represented by Mark Weycer and Elena Bueno of The Weycer Law Firm PC in Bellaire.  

Harris County District Court case number 2023-08274

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