Ostrowski v. Azzara

Ostrowski (plaintiff), a heavy smoker, insulin-dependent diabetic, and obese patient, was diagnosed by podiatrist Dr. Azzara (defendant) with a fungal toenail condition requiring removal, despite tests revealing high blood sugar and peripheral vascular disease, and Azzara warned her she could lose a limb without better managing her weight and blood sugar. After the procedure, Ostrowski continued smoking against medical advice, and her toe became pre-gangrenous from poor circulation, ultimately requiring two operations and a vein transplant to try to save her foot and leg. At trial, Azzara presented evidence that Ostrowski's continued smoking and poor self-care significantly contributed to her injuries; the jury found Azzara negligent for removing the toenail without adequately considering her vascular condition but awarded Ostrowski no damages, finding her more at fault, and an intermediate appellate court affirmed.