An amputation may result from any number of unforeseeable, tragic situations. What does not cross the mind of many people, however, is that a medical error could also lead to an arm, leg, or both needing to be amputated. 

When an individual goes into a hospital for a medical procedure on an emergency visit, the last outcome that they had in mind was leaving the hospital with one or more fewer limbs. That is truly the stuff of nightmares. 

An amputated limb is a permanent, life-altering outcome for a patient. It is only after a considerable amount of thought and planning that a person agrees to have a limb amputated. Medical errors eliminate a patient’s ability to take this opportunity to plan. Instead, the person wakes up shocked to see a limb missing. The emotional toll associated with this type of injury is especially deep. 

When Do Medical Errors Arise That Can Lead to an Amputation?

While there are a nearly endless number of medical errors that a patient may face in a hospital, a handful occur with greater regularity:

• Accidents of all sorts may cause an injury victim to break a bone. The treatment a person receives once they make their way to the hospital goes a long way toward determining whether the broken bone can heal. By the same token, when proper emergency care isn’t provided to the patient, the best possible outcome may be amputation.
• Hospitals must place a strong emphasis on cleanliness and hygiene. With many different people going through the hospital each day, there is a high premium on maintaining consistently high standards for doctors, nurses, and other employees. Infection may lead to a limb needing to be amputated.
• Also consider that hospital physicians and staff undergo considerable training to ensure that the site of an operation is clearly marked. As a result, many people would be surprised to learn that an operation may be performed on the wrong part of a patient’s body.

What Does It Mean to Suffer an Amputation as a Result of a Medical Error?

There are a wide variety of hardships that a person goes through after suffering an unexpected amputation. Physical challenges associated with the amputation mean impairments that become chronic. Not only are there chronic considerations, but immediate concerns related to the unexpected loss of a limb. 

While prosthetic devices improve by leaps and bounds with each passing year, these devices are not always easy to use. Sometimes, an injury victim never learns how to use a prosthetic device. This leaves him or her at a severe disadvantage both now and in the future. Depending on their career, a person may lose out on their preferred career field or line of work as well.

Methods of Proving a Medical Error led to an Amputation

It is not a given that a person will undergo an unexpected amputation, and the cause of the amputation is medical error. That the amputation was not originally intended and was only performed because it was deemed to be necessary is what an amputation victim must ultimately prove to be successful in a medical malpractice case.     

The basis of any wrongful amputation-based medical malpractice case is medical records. Hospitals tend to produce very detailed medical records, and an amputee must collect all of them related to the amputation. Operative reports, treatment records, and post-surgical evaluations are among the types of records that must be included. 

Complex medical questions are difficult to answer. A trial regarding a wrongful amputation necessarily involves a judge, attorneys, parties, and possibly a jury. It is likely that none of these individuals are doctors. As a result, a party filing their amputation case may benefit from the testimony of an expert witness. Was the amputation necessary? Were other options available to choose from? The standard of care in an amputation setting is high. Whether that standard was breached may depend on how well an expert witness can persuade a judge or jury. 

Available Compensation in a Medical Error Amputation Case

There are a wide variety of potential compensation available to a person who has had a limb amputated wrongfully. At the top of that list are medical expenses. The medical treatment necessary to amputate an arm or leg is extensive. Multiple-day hospital stays, with all the testing, surgeries, and radiology that come with them, are very expensive. These are bills that would not have been necessary but for the negligence of hospital staff. Rehabilitation and the cost of prosthetic devices are examples of post-hospital care that only add to those costs. 

From there, the responsibilities of life do not go away because a limb has been amputated. Daily costs, rent, mortgage, tuition, and the list goes on. An amputee is going to miss a considerable amount of work. Lost wages as part of a legal case allows a person to recoup the income they have lost because of the amputation. Detailed pay records, in addition to a documented history of missing work, are necessary to accurately calculate lost wages.

One of the more relevant yet difficult-to-prove types of damages a person may suffer in a wrongful amputation case is pain and suffering. The lifestyle a person can lead after the amputation, problems that are encountered, and an individual’s ability to cope with these changes are all a part of measuring pain and suffering. Testimony from family, proof of counseling received, and the nature of the amputation itself will all play a role in determining the extent of pain and suffering that may be awarded. 

Contact Crim Law Office, PLLC Today for a Free Case Review

When a medical error leads to a wrongful amputation, there is no time to lose. If you have lost a limb due to the mistake of a physician, contact Crim Law Office, PLLC. A free case review helps amputation victims to prepare a plan and move forward with confidence. Our team of West Virginia amputation error lawyers can help.