Ankle Injury Expert Witness

Missed fractures, ligament injury and post-traumatic disability in personal injury, auto, premises and workers’ compensation matters.

Ankle injury claims are usually decided by two things recorded in the first forty-eight hours: what imaging was ordered, and what it was read against. I review ankle injury matters for plaintiff and defense counsel as a board-certified foot and ankle surgeon in active practice, and most of what I do in these files is reconcile the imaging with the treatment timeline.

What these cases are usually about

  • Missed ankle fracture — a sprain on the first visit and a fracture on the second. The question is whether imaging was indicated at presentation on the findings that were actually documented.
  • Missed syndesmotic, or high ankle, injury — the classic miss on a single non-weight-bearing film.
  • Missed Lisfranc and midfoot injury presenting and being treated as an ankle sprain.
  • Missed talar dome osteochondral lesion — often invisible on plain films and diagnosed late.
  • Chronic lateral ankle instability after sprains that were never rehabilitated or braced.
  • Peroneal and posterior tibial tendon injury mistaken for a simple sprain.
  • Fifth metatarsal base fracture, and whether it was a Jones fracture treated as an avulsion.
  • Ankle fracture in a diabetic or neuropathic patient, where a missed or under-treated injury can end in Charcot collapse or amputation.

Causation is where these files are won and lost

In most personal injury ankle cases nobody disputes that an injury happened. What gets disputed is whether the ankle was already degenerative, whether the incident caused the tear or merely revealed it, whether the surgery was necessitated by the accident, and whether the impairment is permanent. Those are answered by reading the imaging against the timeline, not by the narrative in either side’s brief.

  • Whether the MRI findings are acute or chronic, and what actually distinguishes the two on the films in this file
  • Prior injuries, prior imaging and prior complaints in the record — including the ones nobody flagged
  • Gaps in treatment, and what a gap does and does not prove
  • The difference between causing a condition and aggravating an asymptomatic one, which is often the whole case

Future care and permanence

An ankle that was fractured and fixed has a foreseeable future: hardware that may need removal, post-traumatic arthritis on a timescale that depends on the joint surface, and in some cases eventual fusion or replacement. I will give you that timeline as it actually runs, in either direction. A life-care plan built on a schedule the anatomy does not support is the easiest thing in the file for the other side to take apart.

Where my opinion stops

Foot and ankle. If the case turns on the lumbar spine, on vascular surgery, on the tibia above the ankle joint, or on a formal impairment rating under a scheme I do not work in, you need an expert in that field and I will tell you so at the conflict check. The full list of matters I review sets out the boundary, and the surgical malpractice page covers claims against the surgeon rather than against a tortfeasor.

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.