Amputation errors are a type of medical malpractice case that results from a physician’s mistake. When a hospital, emergency room provider, or surgeon fails to provide the correct treatment for a specific medical issue, the mistake may lead to an amputation. 

However, not every amputation-related medical mistake results in a viable negligence claim or lawsuit. Certain elements must be present in an amputation error case for the circumstances to lead to compensation for damages suffered. Understanding the circumstances of an amputation error case goes a long way toward helping the victim plan for their future. 

The Two Types of Amputations

In an amputation error case, the key part of this discussion is the type of amputation that occurred. 

An amputation that is performed to remove a limb that has already been destroyed is known as a life-saving amputation. Physicians can decide whether the limb can be restored through surgery or other repair. When the limb is beyond repair and poses a danger to the person’s health, it must be removed. An unfortunate outcome does not mean the surgeon’s action was malpractice.

On the other hand, some amputations are preventable. In some circumstances, an injury or illness may have put a limb in danger of being lost. However, if a physician had made a different decision or performed a medical procedure more skillfully, that limb could have been saved. 

As it stands, problems arise when a missed diagnosis, medical error, or delay in treatment occurs; these are all examples of medical negligence that could lead to an amputation. What would a reasonably skilled doctor have done in the same situation as the physician who ultimately amputated the limb? Could the doctor have made a different decision and saved the limb? That is the question that a judge or jury must answer to determine whether negligence has occurred.

When Delayed Treatment Leads to a Preventable Amputation

In medicine, treatment delays often mean the difference between good and bad outcomes. For example, when a patient seeks medical care early in the week but a diagnosis is missed, their condition can worsen. 

Infections are a common reason why limbs must be amputated. Leg or arm tissue degrades quickly when infected. When a hospital or doctor fails to identify the signs of an infection, or if medical care is delayed for any other reason, that makes it much more likely that the limb will need to be amputated.

A condition may be treatable, but only for a short time. From there, the issue may become one where there are no other options than to amputate a limb. This may be a last resort, but when inattention, medical mistakes, and lost time converge, amputations can become an unfortunate reality. The key to this discussion is determining when a sad circumstance crosses into medical error. 

When Does an Amputation Become Medical Error?

Four elements must be present for an amputation to become medical malpractice. 

First, the provider must owe the patient a duty of care. Simply put: Was there a treating provider-patient relationship? For most every interaction that a patient has with a doctor in a hospital setting, the answer to this question will be, yes.”

Next, doctors must meet or exceed the duty of care required of physicians practicing in their area of medicine. What would a reasonably skilled physician in their specific situation have done? This standard does not require the doctor to go above and beyond the call of duty. Rather, it asks whether the surgeon failed to meet even the “standard” level of care common to doctors practicing in that area of medicine.

The Failure to Timely Amputate

Time is not always on the side of most people in amputations. Infections, missed diagnoses, later-stage diabetic wounds, and unidentified clotting conditions can all create circumstances where time plays to the disadvantage of the patient and their doctors. When a doctor makes a mistake regarding any of these conditions, it dramatically increases the likelihood that an amputation will be necessary. 

What Evidence is Needed to Prove Negligence in an Amputation Case?

Both medical records and an expert witness’s opinion will likely be necessary to prove negligence in an amputation case. 

Medical records matter because they show what a physician observed, diagnosed, and recommended throughout a patient’s treatment history. In situations where an infection developed, this could mean relatively little time was available for the correct decision to be made. On the other hand, when a diabetic ulcer grew from the size of a dime to the size of a grapefruit, there would have been more time to choose a course of action. 

Medical experts perform two essential tasks in an amputation error case. The expert reviews the aforementioned medical records and provides an opinion of whether negligence occurred and how. Specifically, they identify when errors occurred. 

From there, an expert provides a second opinion on whether the negligent act caused the patient to lose their limb. Only a doctor can provide this opinion. An amputation victim, their attorney, and any other lay person lack the experience, knowledge, and training to make this type of determination. The sooner an amputee collects the necessary evidence and begins organizing a case strategy, the better their negligence case. 

Contact Crim Law, PLLC for a Free Case Review

A West Virginia amputation error lawyer, Crim Law, PLLC serves clients who have been victimized by negligent physicians and hospitals. Contact our office today for a free case review.