When Can an Amputation Constitute Medical Malpractice?
Medical errors are a leading cause of disability and death in the United States. In addition to misdiagnosis, prescription errors, and other types of medical negligence, surgical amputations can constitute malpractice in certain cases. According to the Amputee Coalition of America, of the 185,000 amputations that occur annually in the U.S., it is estimated that nearly 60 percent of amputations are preventable.
If your amputation was the direct result of a healthcare provider’s negligence, you deserve compensation for your considerable losses and lifelong challenges. The Providence amputation injury attorneys at Mandell, Boisclair & Mandell, Ltd have been helping clients throughout Rhode Island for 45 years. We understand the complexities of medical malpractice cases and we know how to effectively pursue the maximum compensation to which you are entitled under the law.
What Are the Criteria for Medical Malpractice?
In order to prove medical negligence, you must demonstrate that the doctor owed you a duty of care, that the doctor was negligent in providing care, and that you suffered harm as a result. Medical experts are often called to testify in these cases to strengthen the claim that a doctor’s negligence caused harm.
Even if it is clear that a physician performed below the standard of care in his or her field, you cannot sue for malpractice if you suffered no harm as a result. Examples of the types of harm you can sue for include:
- Lost work and earning potential
- Additional medical bills
- Mental anguish
- Physical pain
- Physical and mental disability
The loss of a limb can be shattering for patients and their families, but even more so if the amputation was a direct result of medical malpractice. In these cases, the negligent parties should be held responsible for their actions.
Can You Sue for Amputation?
Amputation may be considered medical malpractice when a physician, surgeon, or other medical professional involved in an amputation was negligent. Examples of medical malpractice related to amputation can include:
- Medical professionals failed to adhere to the standard of care when surgical complications arise
- A surgeon amputates or operates on the wrong limb, or damages a limb during surgery
- A medical professional fails to properly care for a wound, causing infection
- A medical professional fails to diagnose and treat an infection before it worsens
How Do Medical Malpractice Lawsuits Work?
The first step toward justice after suffering at the hands of a medical professional is to speak with an experienced attorney during a free initial consultation. A medical malpractice lawyer will review the details of your situation and explain your rights and legal options. If you choose to move forward with your case, an attorney can help you in a number of ways, such as:
- Conduct an investigation to determine the facts surrounding your amputation
- Gather evidence to support your case
- Obtain expert support to testify that the medical provider’s conduct was below the standard of care and caused your injuries
- Draft and file your medical malpractice claim
- Negotiate a fair settlement on your behalf
- Prepare your case for trial
- Take your case to court if a fair settlement cannot be reached
Medical malpractice cases are incredibly complex, and require the knowledge, skill, and resources of a law firm with extensive experience in these types of cases. The seasoned medical malpractice lawyers at Mandell, Boisclair & Mandell, Ltd understand the specifics of both medicine and the law. We have built a reputation for excellence in these complicated cases, and we know how to prove negligence on the part of doctors, nurses, and other medical professionals.
Call Our Providence Amputation Injury Lawyers Today
If you lost a limb and suspect medical negligence may have played a role, the experienced amputation injury lawyers at Mandell, Boisclair & Mandell, Ltd. can help. Our firm can level the playing field and help you pursue the justice you deserve for your injuries.
Call (401) 273-8330 today for a free initial consultation. Our attorneys serve clients in Rhode Island, and other nearby areas.