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Wrongful Amputation Attorney Ohio
A wrongful amputation should never happen. The consequences of such a serious injury make it extremely important that medical professionals do everything in their power to prevent this type of error. Unfortunately, people sometimes lose limbs because of medical malpractice. This life-changing injury is a traumatic experience and one that can leave the injured person struggling physically, emotionally and financially. If you suffered this serious injury, a wrongful amputation attorney can help you discover your legal options for recovering compensation. Contact the experienced wrongful amputation lawyers at Crandall & Pera Law to schedule a consultation.
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Medical negligence and amputations in Ohio
Medical negligence comes in many forms. From missing a diagnosis to prescribing the wrong medication, the consequences can be devastating and potentially deadly. Legally, medical negligence is more than a simple mistake – the provider must have acted or failed to act as a reasonably competent person in the same field would in the same circumstances. If a person required an amputation because they had a treatable condition that progressed too far to save the limb, this would not be medical negligence if the injured person did not present in the hospital until it was too late. If the person presented and was sent home with the wrong diagnosis, that might be a case of medical negligence, but only if it would have been reasonable for another provider to have properly diagnosed that patient.
In many wrongful amputations, the error is more obvious and sometimes shocking.
Causes of wrongful amputation
Wrongful amputations may be the result of physicians’ errors treating injuries and illnesses that led to the need for amputation, or even a mistake that happens in the surgery room. Here are some scenarios that might lead to a wrongful amputation.
Wrong-site amputation
A wrong-site amputation case captured headlines recently. In that instance, a hospital worker marked the wrong leg before the surgeon began the procedure. That mistake led to the surgeon removing the wrong leg. The man ultimately lost both of his legs.
Wrong-site amputation can have other causes as well. For instance, an X-ray read backward could suggest the ailment is on the opposite side of the body; incorrect entry of information on forms could lead to the surgeon getting incorrect information. In some instances, the hospital may even mix up patients and perform the wrong procedure.
All of these cases are entirely avoidable and suggest that the facility and those working in the hospital were medically negligent.
Misdiagnosis and failure to diagnose
Misdiagnosis of serious conditions can lead to the need for more drastic medical interventions. For instance, sepsis cases may lead to the need for amputations. About 38 people lose limbs to sepsis every day in the US, and the condition kills 258,000 people a year. Still, just over 40% of people do not know about the condition or its symptoms. A delay in diagnosis can lead to the loss of limbs and other complications.
Other possible causes include diabetes and peripheral arterial disease (PAD). Often, earlier detection and treatment can help prevent the need for amputations. If a medical provider negligently dismissed symptoms of an infection or other condition leading to the need for amputation, they might be liable for medical malpractice.
Surgical errors
Surgeons sometimes leave objects inside a person after completing surgery. That object can lead to further complications. In one instance, a woman underwent surgery, and the doctor left a sponge inside her. Complications resulting from the sponge led to her needing to have both legs amputated.
Another surgical error took place when a surgeon performing gallbladder surgery punctured the patient’s aorta. The 20-year-old man nearly died and ended up losing both of his legs as a result of the injury.
Other surgical errors, like the use of unclean or contaminated medical devices, could contribute to infections that may also lead to amputations.
Preventing wrongful amputations in Ohio
Quality medical facilities and competent professionals will be able to prevent most of these terrible consequences. Simple steps to limit the risk of wrongful amputations include:
- Careful, accurate medical charting and patient identification
- The proper use of markers and initials for surgical sites
- Mandatory time-outs before surgeries to ensure the patient and procedure are correct
- Implementation of better diagnostic tools to catch conditions like sepsis
- Increased training and awareness for medical professionals, both on surgical practices and for diagnoses
- Adoption of stricter sterilization and infection control protocols to prevent infections and sepsis cases in hospitals
When providers fail to exercise reasonable care, they may be liable for a wrongful amputation.
Consequences of wrongful amputation
Wrongful amputations have drastic impacts on individuals and their families. The pain, emotional toll, financial loss, and more can lead to lifelong challenges. Some specific consequences include:
- Chronic pain
- Phantom limb pain
- Slow wound healing
- Infection
- Pneumonia
- Heart attack
- Stump edema
- Depression
- Anxiety
- Emotional trauma
- Loss of income
- Increased medical costs for prosthetics, occupational therapy, and other specialized equipment
The cost of a prosthetic can be more than $60,000, and it requires maintenance and replacement parts that add up to much higher amounts. True financial losses for an amputation injury are much higher, especially if they limit your ability to work. If you experienced a wrongful amputation, you need to reach out to an experienced attorney to find out your options for recovering compensation.
Legal Recourse for Ohio Wrongful Amputation Victims
If an amputation is the result of medical negligence, there are legal pathways for collecting damages from the at-fault party or parties. The first step is to reach out to a wrongful amputation attorney to discuss filing a claim.
Medical malpractice cases are notoriously complicated. The injured person has to prove to a jury that they sustained injuries because the doctor or facility was negligent. However, not everyone has the medical knowledge to understand the level of care medical providers must provide. Gathering sufficient evidence to build that claim is critical – so is finding experienced medical experts who are willing and able to testify about the malpractice.
If you experienced a wrongful amputation and you and your attorney are able to build a successful case, you can recover significant damages. Your damages would cover the following:
- Past and future medical expenses, including physical therapy, medical devices, and other related costs
- Past and future lost income in cases where the amputations prevent you from working or cause you to earn less
- Pain and suffering damages to compensate for the horrible experience and emotional toll of losing one or more limbs
- Disfigurement damages for the missing body part
When working with a wrongful amputation attorney, you can get a better idea of what your case might be worth. That information will prove useful for negotiating with insurance companies and working toward a settlement throughout the case. If the opposing side refuses to make a reasonable offer, your attorney can bring your case to trial.
Getting the help you need after a wrongful amputation in Ohio
If you experienced a wrongful amputation, you need to seek the help and guidance of an experienced attorney. At Crandall & Pera Law, our wrongful amputation lawyers understand how important your claim is for you and your family. Contact us today to schedule a free consultation and start your path toward recovering compensation for your amputation-related injuries.