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What is an Amputation Case in Personal Injury?

What is an Amputation Case in Personal Injury?

Shaked Law Firm answers questions that victims often have after a traumatic injury requiring amputation, either due to accident or Medical Malpractice.

Successfully litigating accidents resulting in amputation requires adequate Personal Injury experience. However, possible to recover maximum compensation with a credible, Board Certified lawyer. After an accident resulting in amputation, victims rightfully accrue feelings of hopelessness. This can be due to the physical setbacks that amputation causes. These setbacks do not have to be linear. Recovery from an amputation has its ups-and-downs.

Loss of a limb coincides with mental anguish known as “phantom limb”. A victim may still feel the limb that is no longer there.

This physical feeling of pain comes with mental side effects. “Phantom limb” causes may cause victims to suffer horrific flashbacks to sustaining the injury. This is the nature of  “medical PTSD” and usually co-occurs with amputations.

What is the Personal Injury perspective on amputations?

This Shaked Law Firm article provides a fact-based Personal Injury perspective on what happens after sustaining injuries resulting in amputation. Moreover, this perspective comes firsthand from Sagi Shaked, a uniquely double Board Certified Civil Trial Lawyer. Mr. Shaked has litigated and won numerous amputation cases. Furthermore, Sagi Shaked has recovered multi-millions of dollars in damages on behalf of his clients who sustain amputations as a result of an accident.

The best legal path to recovery

Within this article Shaked Law Firm will answer questions that victims may have post amputation. After an accident resulting in amputation, it’s difficult to find the right answers to the tough questions. Therefore, this article provides a unique perspective and allows victims a better understanding of these cases.

The information within this article answers the following questions:

  • How are a doctor’s surgical errors responsible for a patient’s quality of life?
  • What is the legal meaning of “foreseeability”?
  • What is the financial impact of an amputation?
  • What’s required for successful Medical Malpractice litigation?
  • What happens after an accident resulting in an amputation?

How are a doctor’s surgical errors responsible for a patient’s quality of life?

In the event of a Medical Negligence resulting in a patient becoming the victim of amputation, the surgeon could be liable for litigation under the Malpractice umbrella. This includes Medical Negligence, Recklessness, and Misdiagnosis. Furthermore, surgical errors also fall under this umbrella. Often, it comes down to the burden of proof for the victim: did the doctor act in a manner that’s  “reasonable”?

What is the legal meaning of “foreseeability”?

Next, the legal principle of foreseeability.

Foreseeability plays a large role in Medical Malpractice cases. The questions that arise are usually: could the physician have reasonably “foresaw” the outcome of their actions? What would occur as a result of those actions? Many times, Medical Malpractice litigation comes down to “foreseeability”. As a result, this must include whether or not the doctor acts in a manner that could prevent harm to the patient.

In cases of amputation, “foreseeability” can be factored in in the following ways:
  • Marking the limb that requires surgery. Failing to mark the limb could result in unnecessary pain and suffering. However, instances amputation of the wrong limb due to carelessness are possible.
  • Reviewing the medical records and chart notes prior to entering the OR. The doctor and staff must ensure they’re operating on the correct patient per HIPAA guidelines. (See below).
  • HIPAA law requires a patient to state their full name and date of birth to the medical provider. Then, the nurse or doctor must cross check that information on the patient’s medical record. This requirement is in place for every aspect of the patient’s care. This includes surgical procedures, providing medication, and furnishing any medical records to the patient or authorized power of attorney.
  • Ensuring that OSHA protocol is in place for a reason. Thus, failing to follow OSHA’s hospital protocol for infection control may result in unnecessary risk and/or spreading infection to the patient.

What is the financial impact of an amputation?

Victims can’t always prepare financially for a medical emergency. This is normal. It’s difficult to prepare for something unexpected, especially loss of limb. However, when it occurs unexpectedly, emotional trauma is immeasurable. As a result, victims of medical negligence resulting in loss of limb suffer from PTSD. Flashbacks keep those suffering this form of mental anguish from fully participating in life. Just because a victim has achieves recovery on the medical side, their mental health still requires treatment.

A Personal Injury lawyer ensures this unique need factors into damages recovered on the victim’s behalf.

Economic recovery ensures that the victim is able to provide for family financially during an extended recovery period.

What’s required for successful Medical Malpractice litigation involving amputations?

There are specific criteria established in order for a Medical Malpractice case to proceed successfully. Usually, the criteria for this type of Medical Malpractice is standard.

The following criteria would apply in the case of a Medical Negligence resulting in amputation of a limb:

  1. A doctor-patient relationship must have existed
  2. A doctor who acted negligently. This could mean the doctor fails to mark the limb for surgery, operates on the wrong patient, or fails to follow OSHA guidelines.
  3. The physician’s carelessness harms the patient in a way that “more than likely” was the cause for them sustaining injuries leading to their amputation.

What happens after an accident resulting in an amputation?

After amputation, family members may be left to care for a loved one recovering from trauma. Thus, a Personal Injury client and their family both victims of pain and suffering. For this reason, they should never have to suffer the insult of financial loss as a result. If a victim sustains injuries resulting in amputation, they must do their best to retain Board Certified legal representation. Due to Florida’s Statute of Limitations, this must occur quickly, once the victim is recovering on the medical side.

In conclusion, a lawyer with credibility, Board Certification, and extensive experience is the one to help a family on the road to recovery on the legal side. These are the lawyers can help restore quality of life to a victim with the dignity and compensation they deserve.

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