When absolutely necessary, amputations can save lives. Then there are other circumstances – a physician removes the wrong limb, performs an amputation on the wrong patient, or creates the need for amputation by failing to treat a patient in a timely manner. These situations, along with many others, are considered wrongful amputations. If it has happened to you or someone you love, you may be due compensation. Know your rights and what steps you should take to pursue a claim.
Determining if Your Amputation Was Medically Necessary
Though a part of you was taken, and something feels “off” about the situation, you need evidence of a mistake to pursue a wrongful amputation case. Unfortunately, this can often be difficult to obtain. Even if a nurse, physician, surgeon, or other hospital staff was responsible – maybe by incorrectly inserting an IV catheter, accidentally cutting off circulation to a working limb, or failing to notice a loss of blood flow after a trauma – your amputation may be deemed “medically necessary.” Clues held within your medical records may show otherwise.
To ensure these records are carefully and diligently reviewed for your wrongful amputation case, you will need an attorney that is experienced in reading and deciphering medical records and terminology. This will ensure that important clues are not missed or overlooked. You should also search for an attorney with a proven track record of success – one who is willing to aggressively defend your rights and pursue the compensation you deserve.
Factors in Your Wrongful Amputation Claim
If it is determined that your amputation was, in fact, due to negligence or a medical mistake, your attorney will begin to consider and weigh several factors to determine what your compensation should be. These factors may include things like:
- Future costs of care (therapy, rehabilitation, medical equipment, etc.);
- Financial losses (loss of income, already incurred medical expenses, etc.);
- Emotional distress;
- Age and/or health prior to amputation;
- Degree or area of amputation; and
- Any other factor that may be important to your case.
Contact an Experienced Chicago Medical Malpractice Attorney Today
For wrongful amputation victims, life is drastically and permanently changed. The things they used to love and do may be forever lost, and the emotional and financial effects are often far-reaching, impacting their relationships with friends and family members. They deserve to know the truth about their injury, and they deserve justice.
At Hurley McKenna & Mertz, P.C., we understand the difficulties experienced by victims of wrongful amputations. Our Chicago, Illinois medical malpractice attorneys fight for them, stand behind them, and aggressively protect their rights. With more than 75 years of combined experience and a long history of success, we offer the skills, resources, and knowledge needed to effectively represent them in their pursuit for compensation. To learn how we can help with your unique case, call us at [[phone]] and schedule your free initial consultation today.
Sources:
http://www.nydailynews.com/new-york/brooklyn/man-lost-leg-blames-brooklyn-hospital-article-1.2700532
http://www.ncbi.nlm.nih.gov/books/NBK2678/