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Wrongful Amputation
Although amputations have been performed for thousands of years, the medical industry has advanced significantly since those primitive origins — what may seem (on the surface) to be a relatively simple, straightforward procedure is actually quite complex. Effective healthcare professionals consider the holistic ramifications of the procedure and put serious effort toward finding an alternative to amputation and other serious injuries. If amputation is truly necessary, however, then the procedure must be performed with skill and great care to ensure that the patient does not experience any unexpected medical issues or side effects, such as Phantom Limb Syndrome. If something went wrong with your amputation, a skilled Pittsburgh wrongful amputation lawyer can help.
Those who have had a limb amputated — whether necessarily or unnecessarily — and are suffering negative consequences as a result of the procedure may be entitled to significant compensation under Pennsylvania medical malpractice laws. Contact our Pittsburgh medical malpractice attorney, Jason Matzus, here at Matzus Law for an evaluation of your claims.
Catastrophic injuries — such as the loss of limbs due to amputation — can have an enormous and negative influence on your life. For example, if you have had your legs amputated by a surgeon after a car accident, then you may no longer be able to enjoy the same recreational/social activities that once formed the core of your life. In some extreme cases, even your relationships may be affected.
In a Pennsylvania medical malpractice case where the treating healthcare professionals committed negligence that led to the loss of your limbs, you can potentially file a legal claim for damages that include:
Depending on the egregiousness of the defendant’s conduct (i.e., if the defendant’s conduct was willful or wanton in nature), the court may even award bonus punitive damages that multiply your existing compensatory damages amount.
Although many healthcare professionals try their best, all too often they make mistakes that can have a life-changing influence on the patient. Many times, the patient is in a uniquely vulnerable position — after all, if the treating physician recommends a procedure (such as amputation), the patient is forced to make an inalterable decision despite having no formal training in the area.
Physicians in PA sometimes use their specialized knowledge and training to badger the patient into going along with a recommendation, even if it is not necessarily the only option available. For example, a physician may convince the patient that they “must” get an amputation, despite the fact that there are alternatives to amputation. Failure to offer reasonable alternatives to amputation could constitute medical malpractice under Pennsylvania law.
If your physician recommends amputation, it is absolutely critical that you get multiple opinions from other medical experts and that you consult with a qualified attorney to ensure that your rights are not being violated.
In the event that amputation is necessary, it’s important that the procedure be performed with reasonable care. Surgeons who fail to properly perform the amputation may cause you to suffer infections, additional pain and suffering, mobility issues, and more.
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If you’ve had one or more limbs amputated by a healthcare professional in Pennsylvania, then you may have a right of action to sue and recover damages — particularly if the procedure was unnecessary (due to the existence of alternative treatment options) or if the procedure was performed improperly. Successful litigation of a PA medical malpractice claim brought on the basis of a botched amputation often requires the assistance of an experienced attorney who has a consistent track record of securing maximum compensation for injured clients in Pennsylvania surgical negligence cases.
Here at Matzus Law, our Pittsburgh medical malpractice attorney, Jason Matzus, has decades of experience representing victims of serious medical malpractice in Allegheny County, Butler County, Pittsburgh County, Westmoreland County, Washington County, and throughout Pennsylvania. We are committed to comprehensive legal advocacy. We not only prepare thoroughly for the possibility of trial litigation, but we also keep medical experts on staff to evaluate claims and provide their unique perspectives, which gives us a strong edge during later proceedings.
Call now or fill out an online contact form to get connected to an experienced Pittsburgh wrongful amputation lawyer at Matzus Law, LLC in Pittsburgh, PA. We look forward to assisting you.
It is estimated that approximately 30,000 traumatic amputations occur each year in the United States. The most common types of traumatic events that lead to amputations or limb loss include:
– Motor vehicle or trucking and tractor trailer accidents such as a severe collision between a truck and a car; – Construction site or workplace accidents; – Crane or aerial lift accidents; – Explosions or electrocution accidents
In addition to traumatic accidents that can cause amputation or limb loss, medical malpractice can also be the cause of unnecessary amputations or limb loss. Some examples of medical malpractice that can cause unnecessary amputations or limb loss include the failure to timely diagnose and treat post-operative infections, the failure to timely diagnose and treat necrotizing fasciitis, failure to timely diagnose and treat postoperative blood clots, the failure to diagnose and treat acute compartment syndrome, the delay in diagnosing an infection, especially in a diabetic such as a misdiagnosed foot or leg infection.
Tragically, wrong site surgery can also lead to the preventable and unnecessary amputation of the wrong body part. Wrong site surgery occurs when surgery is performed on the wrong body part, wrong side of the body or worse if surgery is performed on the wrong patient. Some common and preventable medical mistakes that contribute to wrong site surgery include the failure to correctly mark the appropriate surgical site, an assembly line approach to performing surgeries within the hospital that causes distractions, a lack of a safety culture within the hospital and the failure of the surgeon and other medical providers to perform a “time out” to make sure that they are operating on the correct patient and the correct body part.
Studies indicate that the best way to prevent wrong site surgical errors is to implement the use of a checklist to increase clear communication among the various doctors and medical providers involved in the surgery to make sure that surgery is being performed on the correct patient and the correct body part. It is a simple step that takes seconds that dramatically improves surgical safety and prevents wrong site surgery amputations.
If you or someone you love had surgery performed on the wrong body part or had the wrong body part amputated, please call Matzus Law. We will investigate and perform a root cause analysis to determine what mistakes occurred that led to the unnecessary amputation or limb loss and explain what your rights are and what you may be entitled to recover as a result of wrong site surgery malpractice.
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