Cherry Hill Medical Malpractice Lawyer Working For You
Medical malpractice litigation can be intimidating for plaintiffs for a number of reasons, many of which are legitimate. As a general rule, medical malpractice defendants tend to be aggressive in litigating such disputes. Further, depending on the circumstances, a jury might “trust” the decisions made by a healthcare professional over-and-above the complaints of the injured plaintiff.
If you’ve had a limb amputated, and that amputation was unnecessary, or it led to significant additional harm, you may have a right of action against the defendant healthcare professional for damages under New Jersey law. Unlike many other types of medical malpractice claims, amputation disputes may elicit an empathetic response from juries, giving you a slight upper-hand in litigation. Contact our Cherry Hill medical malpractice lawyer as soon as possible to learn more about your options under the law.
What Scenarios Justify an Amputation?
Generally speaking, amputation is necessary when there is insufficient blood and/or nutrient flow to a limb, thus leading to dead tissue, which can give rise to a life-threatening infection if an amputation is not executed. The presence of cancerous tumors and thickening nerve tissues can also require amputation to resolve.
Medical Negligence in the Context of an Amputation
Amputations can lead to a number of impairments and symptoms, including but not limited to the following:
- Pain at the amputation site
- Public humiliation
- Loss of recreational, social, and personal enjoyments
- Motor impairments
- Sensory impairments
- Phantom pain
- Employability issues
- And more
Given the range of losses associated with amputation (and specifically, an improperly executed amputation), such plaintiffs can access substantial damages. In order to succeed, however, they will have to prove that the defendant healthcare professional engaged in medical negligence in amputating their limb.
How can a plaintiff establish medical negligence in the amputation context? Medical negligence involves the violation of the applicable standard of care. The standard of care can vary depending on the training and experience of the healthcare professional, as well as the circumstances surrounding the amputation. For example, a 20-year veteran surgeon will be held to a higher standard of care than a generalist physician (with regard to amputation).
Common negligence in the amputation includes:
- Pushing for an amputation when antibiotics or other non-surgical treatment could have resolved the issue
- Failure to properly diagnose the damage necessitating amputation
- Performing a failed amputation (i.e., removing more of the limb than is necessary, or damaging nearby nerves/blood vessels/organs)
- Failing to guide the patient as to proper aftercare to minimize the risk of an infection
- And more
Contact an Attorney at Folkman Law for a Free Consultation
At Folkman Law, our team boasts decades of experience representing the interests of those who have been injured in various medical malpractice scenarios, including plaintiffs who have suffered harm due to the amputation of a limb. Due to the breadth and depth of our experiences in the medical malpractice and personal injury areas, we understand the arguments typically employed by defendants and the strategies they use to minimize or otherwise avoid liability.
Unlike many of our competitors, we adopt a client-oriented approach to medical malpractice litigation. Throughout the litigation process, we engage deeply with our clients and investigate their claims thoroughly so that we have the information we need to act effectively on their behalf. This approach has helped us achieve significant results over the years.