Medical Malpractice Claims for Amputation

medical malpractice claims

An amputation, or loss-of-limb such as a finger, toe, hand, foot, arm or leg, is a life-changing injury that often comes with expensive medical treatment, lost wages and ability to earn future wages, loss of enjoyment of life, mental anguish, emotional distress, and other damages. When a medical practitioner provides negligent care causing amputation, medical malpractice claims may be an appropriate way to recover damages in an attempt to “make the victim whole” again.

In Washington State, those injured by medical negligence may file medical malpractice claims seeking compensation for their expenses and injuries. The statute of limitations for most personal injury claims is three years from the date of injury; after which time the plaintiff may be permanently barred from recovering any compensation for their injuries.

Examples of medical negligence that may result in medical malpractice claims for amputation:

  • Prescription drug error, either as a wrong dosage or administration, that leads to amputation
  • Surgical error such as amputating the wrong limb
  • Surgical error such as leaving surgical equipment in the patient’s body, resulting in the need for amputation
  • Misdiagnosis of a medical condition, leading to infection that causes the need for amputation
  • Negligent post-operative care that results in failure to recognize and treat blood clots, leading to amputation
  • Failure to diagnose a cancerous tumor that leads to the need to amputate
  • Severe car accidents that lead to amputation
  • Premises liability cases such as when a property owner fails to warn about and/or fix dangerous conditions on their property that leads to amputation

Medical malpractice claims for amputation

People who were forced to undergo an amputation because of medical malpractice, must bring a negligence claim against the medical provider to recover compensation. The negligence claim must prove the following four elements:

  1. A duty of care existed due to an established doctor-patient relationship. This is easily proved by showing that the doctor had agreed to treat the patient and that treatment was provided leading up to the amputation.
  2. Duty of care was breached. The defendant breached their legal duty by providing negligent care. The attorney will prove that a reasonable, equivalent medical provider would not have behaved the same way under similar circumstances.
  3. Negligence caused injury. The plaintiff must show that the defendant’s negligence was the legal cause of their injuries. For example, a surgeon left a surgical sponge inside a patient, leading to infection and amputation.
  4. The plaintiff suffered damages such as pain and suffering and medical bills as a result of their injury. In cases involving amputation, there are typically very high medical expenses such as surgery, hospital care, physical therapy, medication, long-term medical care, and psychiatric care for depression, anxiety, etc. In addition, it is common to lose current and future earning capacity because the injured party is unable to return to their former line of work. In Washington state, the injured party’s spouse, children, and parents can pursue a claim for loss of consortium – loss of companionship, love, and service – in most cases.

An experienced medical malpractice lawyer will gather evidence to prove the four elements of negligence and walk their clients through every step of their medical malpractice claim. It is important to choose an experienced, local injury lawyer who can help fight for full and fair compensation of losses and injuries.

The Seattle Personal Injury Attorneys You Want on Your Side

The personal injury attorneys at Tinker Law Firm have been winning birth injury, medical malpractice, and personal injury cases for individuals and their loved ones in Seattle and across Washington State since 1974. We seek justice for injury victims who have been harmed by preventable medical errors, and the negligent or abusive actions of another. Our clients pay no fees or expenses to file a personal injury claim; our firm advances out-of-pocket expenses and is only reimbursed when we recover a settlement on your behalf. Do not delay; personal injury claims in Washington State have a statute of limitations, which means they must be filed within a certain time from the date of the injury.

Call us now at 206-842-1000 or contact us online to schedule a free consultation with one of our skilled and experienced injury attorneys.