Foot and Ankle Expert Witness Review
Independent podiatric record review, standard-of-care and causation opinions, independent medical examinations, and testimony — for plaintiff and defense counsel.
I am Dr. Tom Biernacki, DPM, FACFAS, a double board-certified foot and ankle surgeon in active clinical practice in Michigan. I review podiatric and lower-extremity cases for attorneys who need a working surgeon’s read on what the record actually shows: whether the care met the standard, what caused the outcome, and what the injury will mean going forward.
I accept engagements from both sides. I take the same position on the same facts regardless of who retains me, and I will tell you early if the record does not support the theory you were hoping for. That is usually the most valuable thing an expert can do for a case.
How I can help
Merit screening
A fast, candid read on whether a case is worth pursuing or defending, before you invest in full workup. Verbal or short written summary.
Standard of care and causation
A written opinion on whether the care met the accepted standard, and whether any departure caused the claimed harm.
Examination and testimony
Independent medical examinations in Michigan, deposition testimony, and trial testimony.
See the full scope of services →
Why a practicing surgeon
Podiatric cases turn on details that are easy to miss from the outside: the difference between a reasonable surgical judgment and a technical error, whether an infection was recognized in time, whether a wound was offloaded properly, whether an amputation was avoidable, and whether the documentation reflects what actually happened in the office.
I still see these patients every week and still operate. That matters on cross-examination, where an expert who left practice years ago is vulnerable on the question of what the current standard actually is.
What working with me looks like
- Conflict check and scope. Send the parties and providers involved and a short description of the claim. I confirm there is no conflict and tell you whether the case is inside my expertise.
- Records. You send the medical records, imaging, and any depositions or prior expert reports.
- Preliminary read. A verbal or brief written assessment of the strengths and weaknesses of the case.
- Formal report, if you want one. A written opinion with a chronology, the standard of care as I understand it, my conclusions, and the basis for them.
- Testimony. Deposition and trial, scheduled around clinical obligations with as much notice as you can give.
Cases I review
- Bunion, hammertoe and forefoot surgery outcomes
- Ankle and hindfoot fracture management
- Diabetic foot ulcers, limb salvage and amputation
- Missed or delayed diagnosis of infection
- Charcot neuroarthropathy
- Wound care and escalation failures
- Heel pressure injuries in hospitals and nursing homes
- Foot and ankle trauma in personal injury matters
- Permanency, impairment and future care
See the full list of case types →
Common questions from counsel
Do you review cases for plaintiff or defense?
Both. I take the same position on the same facts regardless of who retains me, and my fee does not depend on the outcome or on the content of my opinion.
What happens first?
You send the parties, the providers and a short description of the claim. I run a conflict check and tell you whether the matter is inside my expertise. There is no charge for that step, and no records should be sent until it clears.
Do you review cases outside Michigan?
Record review, written opinions and testimony are not limited by geography. In-person independent medical examinations are performed at my Michigan offices.
Are you still in clinical practice?
Yes. I operate and see patients every week, which matters on cross-examination when the question is what the current standard actually is rather than what it was a decade ago.
What if the record does not support the theory?
You will hear that from me early, in the merit screen, rather than from opposing counsel at deposition. That is usually the most valuable thing an expert can do for a case.
Michigan claims run on their own qualification sequence. Michigan podiatry expert witness sets out what MCL 600.2169 requires of the expert, and where that expert has to be engaged in the notice-of-intent and affidavit-of-merit timeline.
Before you call anyone
If you are still working out whether you have a case, four short references are written for exactly that stage: what a podiatric malpractice claim has to prove, how diabetic foot and amputation claims are evaluated, complication or negligence after bunion and hammertoe surgery, and which records to send. All four are in resources for counsel.
Start with a conflict check
Send the parties, the venue and a two-sentence description of the claim. I will confirm there is no conflict and tell you plainly whether the case is inside my expertise. There is no charge for that first conversation.