Bangor Podiatrist Sued After Alleged Wrong-Foot Surgery, Second Wrong-Site Case Reported

A podiatrist in Maine and the hospital where the procedure took place are facing a medical negligence lawsuit after a patient alleged that surgery meant for his left foot was mistakenly performed on his right foot. Court records show this is the second lawsuit involving the same physician over a wrong-site surgery.

The lawsuit was filed in Penobscot County Superior Court by Randy Hicks and his wife. The defendants include Dr. Adam Darcy, Acadia Foot & Ankle, St. Joseph Hospital in Bangor, and its parent organization, Covenant Health. The complaint relates to a surgical procedure performed in July 2024.

Wrong-Foot Surgery Allegedly Performed Instead of Planned Achilles Tendon Operation

According to the lawsuit and findings from the Maine Board of Licensure of Podiatric Medicine, Hicks was scheduled to undergo surgery to repair a left Achilles tendon injury.

The investigation states that Dr. Darcy initially marked the patient's left foot before anesthesia. A nerve block was also administered to the left leg. However, after an interruption before the procedure began, the right leg was reportedly marked and prepared for surgery. The operation was then performed on the patient's right foot instead of the left.

The surgical record was later revised to document that a wrong-site procedure had occurred.

As reported in Bangor Daily News, Hicks’ attorney, Travis Brennan said,

Patient Claims Permanent Nerve Injury Following the Procedure

The lawsuit alleges that after waking from anesthesia, Hicks noticed his left leg remained numb from the nerve block, while his right foot had been operated on and was bandaged.

According to the complaint, the patient later required two additional procedures. One addressed ongoing pain in the left foot, while another was performed to treat nerve damage allegedly caused by the surgery on the wrong foot.

The lawsuit claims Hicks has experienced lasting pain and reduced function since the procedure and is seeking unspecified damages, as reported in Bangor Daily News.

Investigation Highlights Breakdown in Surgical Safety Protocols

The Maine Board of Licensure of Podiatric Medicine investigated the incident and identified several events that occurred before the surgery.

According to the report, the operating room schedule was running behind, and technical problems prevented staff from reviewing patient photographs before the procedure. The investigation also states that the surgical team did not complete a formal surgical time-out before beginning the operation.

A surgical time-out is a standard patient safety practice performed immediately before surgery. During this pause, the healthcare team confirms the patient's identity, the planned procedure, and the correct surgical site to reduce the risk of wrong-site surgery.

Previous Wrong-Site Surgery Involving the Same Podiatrist

The July 2024 incident is the second documented wrong-site surgery involving Dr. Darcy.

According to Press Herald, in 2017, the podiatrist was sued after amputating the wrong toe during another surgical procedure. That case also resulted in legal action by the patient.

Following the 2024 incident, St. Joseph Hospital and Northern Light Health revoked Dr. Darcy's surgical privileges. The Maine Board of Licensure of Podiatric Medicine also imposed lifetime restrictions on his surgical license and placed him on three years of probation. He remains licensed to provide non-surgical podiatric care.

Legal Case Remains Ongoing

According to Press Herald, an attorney representing Acadia Foot & Ankle declined to comment on the lawsuit. Attorneys representing St. Joseph Hospital and Covenant Health did not immediately respond to requests for comment.

Dr. Darcy's attorney declined to discuss the allegations in detail but stated that several healthcare professionals were present in the operating room and had opportunities to stop the procedure before the surgery was completed.

The lawsuit is currently pending before the Penobscot County Superior Court.

(Rh/SS/MSM)