Amputation is a terrifying experience. If you are looking for a Maryland amputation attorney, contact our law firm today.
If you believe you have lost a limb due to medical malpractice, call us today. We can help you file a claim and assist you in recovering compensation for your injuries.
What Is an Amputation?
Amputation occurs when a medical professional surgically removes one or more of an individual’s limbs or digits, like an arm or a leg.
Different amputation categories include amputations to the upper extremities, lower extremities, or both. Many amputations are due to medical negligence on the part of the surgeon or other healthcare providers.
Common Amputation Errors
There are several amputation errors that can take place.
Wrong-Site Surgery
Sometimes, medical providers must amputate all or part of a limb. Unfortunately, there are circumstances where there is a severe surgical error and the surgeon operates on the wrong site.
Wrong-site surgery can include amputations that occur on the incorrect part or the wrong side of the body. For example, the amputation could be on the right leg instead of the left.
Additionally, it is wrong-site surgery if the surgeon operates on the incorrect level or on the wrong patient.
Improper Protection Against Infection
Other times, a surgeon may not safeguard you against infection after an amputation.
One possible result of this could be stump complications. This complication may require you to undergo another procedure and be readmitted after the initial surgery.
For example, you may initially require a below-knee amputation, have a complication, and then need an above-knee amputation.
There are various reasons why a stump wound infection might occur. Still, it is possible that a condition resulting in another amputation was due to a medical provider’s negligence.
Sepsis is another severe problem that can result from an infection. It is a response that the body has to an infection that can cause organ failure, damage to tissues, or even death.
This can sometimes be due to an amputation error by the surgeon or other medical professional. For example, a socket that does not properly fit can cause an infection.
Sepsis can even require another amputation to have to take place if it spreads too far. If you are suffering an injury due to an amputation error, contact a Maryland amputation attorney for assistance.
Causes of Wrongful Amputations
In some cases, wrong-site surgery or another amputation error is due to negligence on the part of your surgeon or other medical providers.
An error made during an amputation, such as wrong-site surgery, can have multiple potential causes. These may include:
Lack of Verification of the Right Site or Procedure
Sometimes, the correct procedure or site that the surgeon must operate on is not verified. This can result in a severe amputation error.
Not Marking the Correct Site
It is vital that healthcare professionals mark the correct area of the body in advance.
This could be the initials of the surgeon or a written “yes.” Scoring with the letter “X” is not recommended because the intended message is unclear.
On the other hand, marking with a line is acceptable because it shows where they will make an incision.
Not Communicating Before the Procedure
All medical professionals involved in the procedure should communicate before the amputation takes place. Every team member has to meet in advance.
They should make sure that the patient, procedure, side, and site are correct. They should also document all communication.
Consequences of Amputation Errors
Various life-altering implications can occur due to an amputation caused by medical malpractice. These can include:
- Phantom limb,
- Post-traumatic stress disorder,
- Depression,
- Anxiety, and
- Social withdrawal.
If you’ve suffered from a wrongful amputation due to medical negligence, we urge you to reach out to the Maryland amputation attorneys at Baird Mandalas Brockstedt & Federico immediately for support and legal assistance.
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Damages Available
In an amputation error claim, damages could include but are not limited to:
- Medical expenses such as prosthetic limbs,
- Pain and suffering,
- Lost wages, and
- Lost household services
Rest assured, our Maryland amputation attorneys at Baird Mandalas Brockstedt & Federico are ready to fight for you.
How to Prove Negligence
Often, in the case of an amputation error, you will have to prove negligence on the part of the surgeon or other medical providers.
Negligence requires you to show all four elements: duty, breach, causation, and damages.
Duty
The “duty” element refers to the duty of care that medical providers owe to you as a patient in the hospital. The surgeon and all other medical staff owe you this duty of care.
For example, the surgeon owes you the duty to act as a reasonable surgeon. They need to double-check the area they must amputate.
Breach of Duty
A breach of duty means that your surgeon or other providers did not act as reasonable healthcare professionals. If they go below their requisite duty of care to you, there has been a breach of that duty.
One example would be a surgeon failing to verify which hand they must amputate.
Causation
You can show causation by demonstrating that but for the breach of duty, the wrongful amputation would not have occurred.
For example, but for the surgeon not verifying the right site, the surgeon would not have committed the amputation error.
Damages
There has to be an injury or damages for you to recover amputation compensation under a theory of negligence. An example might be a surgeon amputating the wrong hand.
If you have any questions regarding your claim, it is crucial that you contact a Baltimore amputation injury attorney as soon as possible.
Frequently Asked Questions About Amputation Errors
How Long Do I Have to File a Medical Malpractice Claim for an Amputation Error in Maryland?
In Maryland, there is a statute of limitations for filing medical malpractice claims. Typically, you have three years from the date you discover the injury or five years from when the injury occurred, whichever comes first.
It’s essential to act quickly, as waiting too long can prevent you from recovering compensation. Contact us to understand the time limits specific to your case.
What Should I Do Immediately After an Amputation Error?
After an amputation error, it’s crucial to seek immediate medical care, obtain all relevant medical records, and consult a medical malpractice attorney as soon as possible.
Preserving evidence and documenting your experience will strengthen your claim. Our Baltimore amputation lawyers can help guide you through the next steps to ensure you receive the compensation you deserve.
Can I Sue for Emotional Distress After a Wrongful Amputation?
Yes, you can sue for emotional distress in a medical malpractice case involving wrongful amputation. Emotional distress can include anxiety, depression, and post-traumatic stress disorder (PTSD) following the traumatic experience of an unnecessary or incorrect amputation.
Compensation for emotional distress is often included alongside other damages such as medical expenses and lost wages. Contact our experienced amputation attorneys in Baltimore to discuss how emotional distress may be factored into your case.
Work with Top Amputation Lawyers in Maryland | Available 24/7
We recognize that an amputation error can be tremendously challenging and can turn your life upside down.
The Baltimore, Maryland amputation attorneys at Baird Mandalas Brockstedt & Federico have the expertise you need to bring your claim.
Our practice areas include not only amputation error claims but also claims regarding spinal cord injuries, brain injuries, and more.
If you have suffered an injury due to medical malpractice and negligence, contact us today at 410-421-7777.
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