Determining Liability
Amputation error cases are rarely cut and dry. This is largely a result of the fact that any number of people can be held liable for the injury. The nurse or doctor responsible for inserting the IV can be found to blame if that IV was improperly inserted and this caused a lack of blood flow that resulted in the need for amputation. In those cases, the responsible health care providers can be found liable for the injury and the associated suffering. Surgeons who operate on the wrong limb can be found liable for obvious negligence, as can a radiologist who reversed the films and reported disease in the wrong limb. Determining the party at fault is rarely straightforward and necessitates the skill and expertise that comes from years of experience in the field of medical malpractice law.
In order for a case to be deemed the result of negligence, there are four required elements. Each element must be present in order for a viable medical malpractice case to brought against the hospital or surgeon in question. These are:
- Duty
- Breach
- Causation
- Damages
Duty and breach refer to instances when the necessary standard of care is not met. Standard of care refers to what is commonly accepted to be responsible, prudent and up to date medical techniques and processes. Causation refers to the cause of the injury and whether the hospital or doctor’s errors directly caused the need for amputation. Damages refer to the nature and extent of the injury and the physical pain, emotional damage and economic impact the amputation has on the victim and his or her family.
Partner James D. Cardea discusses the case of a man who undergoes surgery for a routine knee replacement, but ultimately suffers an amputation due to a surgical error. The patient, a 57-year-old woman, lost feeling and movement in her right foot after the surgery, a true sign that something was wrong. But tragically, the surgeon and his partner both failed to assess the severity of the patient’s condition in time. Click to listen.
What To Do In The Aftermath Of A Medical Mistake
If you believe that your lost limb was the result of medical malpractice or surgical error, there are few keys points to remember in the immediate aftermath. First, contact the lawyers at Schochor, Staton, Goldberg and Cardea, P.A. We will gather the appropriate medical records and have them reviewed by qualified experts. Second, do not cave into pressure to make a statement. The hospital will likely ask you to state that you understand that they have no liability or to accept a settlement for a fraction of the value of your case.
Do not sign any statements or agree to any settlements until a Maryland or Washington D.C. medical malpractice attorney reviews your case.
Secure Representation From Medical Malpractice Attorney In Maryland Or Washington D.C.
If you suffered a limb amputation as a result of negligence or surgical error, you are entitled to compensation for your physical, emotional and financial suffering. Contact Schochor, Staton, Goldberg and Cardea, P.A. at 410-234-1000 today. Our team of Baltimore medical malpractice lawyers will review your case, help determine liability and litigate your case on your behalf. From our two office locations, we diligently serve clients in and around Washington D.C., Baltimore, and throughout Maryland.
