If you were forced to undergo a partial or complete amputation of an upper or lower extremity, you will need to consider whether the amputation was the result of medical negligence as well as many other causal factors.
The law allows you to recover against your healthcare provider even if the pre-existing condition, the initial trauma, was the primary cause of the condition that triggered the need for immediate medical care, so long as the physician’s negligence can be determined to be the proximate cause for the amputation. Another words, but for the physician’s medical negligence, the patient would not have required the amputation. These types of cases are difficult to prove because the physician, especially in a hurried trauma setting, is forced to make difficult medical decisions which are often based on competing medical risks.
The presence of medical negligence can be determined through a medical expert review of your medical records in concert with your personal injury attorney. A medical malpractice suit may be brought against a physician whose medical care fell below the accepted standard of care within the physicians specialty or range of expertise. For example, based on this standard, if your doctor was careless, lacked the proper skills to perform such a procedure or disregarded established rules and medical protocol such as failing to recognize the need to refer the patient to another type of medical specialist, any one, or combination of these acts or omissions can be considered medical negligence, and therefore, the doctor can be held legally responsible for what ensues, including an otherwise unnecessary amputation.
You should obtain all your medical records and consult with a medical malpractice attorney and forensic physician in order to determine whether or not you have a legal basis to bring a medical malpractice claim.
For more information on the law of personal injury see the below related discussions: