Wrong Limb Amputations in Philadelphia

It is amazing to think that sometimes when you go to have an amputation, the surgeon cuts off the wrong limb. And yet, this kind of wrong site surgery does happen, despite the fact that there is no excuse for it. Amputation of the wrong limb is not common, but it is not as uncommon as it should be. Having the wrong limb removed is called a never event. This means, as the name suggests, that it should never happen.  Of course, if you have the wrong limb amputated, it still means that you require the correct amputation. This could leave you with no feet, legs, hands, or arms. If you experience a wrong limb amputation in Philadelphia, please contact the firm of Lowenthal & Abrams, Injury Attorneys. We will help you pursue a medical malpractice case due to the terrible harm you suffered.

Preventing Wrong Limb Amputation

To combat the chances of having the wrong limb cut off or the wrong site operated upon, the Joint Commission on the Accreditation of Healthcare Organizations has released steps for surgeons to follow. The list asks doctors, hospitals, and nurses to:

• Mark the operation site and involve patients in the process.
• Require oral verification of the correct site by each member of the operating team.
• Follow a verification checklist that ensures that the limb being amputated is the correct limb and that the limb is in need of amputation.
• Directly involve the operating surgeon in the informed consent process.
• Engage in ongoing monitoring to make sure verification procedures are followed.

Even with checklists in place, mistakes happen. Some studies place the incorrect amputation rate as high as three percent. Amputation of the wrong limb can cause serious physical as well as emotional damage. Many victims suffer shock and depression. While the Joint Commission has made recommendations and created an online resource, those suggestions have not been implemented. In fact, in a major case, other doctors defended the doctor who amputated the wrong leg in his efforts to regain his license.

Do Wrong Limb Amputations Always Qualify as Malpractice?

To hold a medical professional civilly liable for malpractice, you must prove that the defendant directly caused harm in a way that no equally qualified medical professional would have done under the same circumstances. The standard of care applicable to medical professionals in Philadelphia varies depending on a doctor’s working conditions and what information is available about the patient, but it generally requires diligence and commitment to patient wellbeing that should prevent wrong limb amputations.

State law requires prospective malpractice plaintiffs to support their claim with an affidavit of merit, which is a written and signed statement made under oath by a qualified medical expert that affirms their belief that legally actionable malpractice occurred. However, wrong limb amputation is an egregious error that anyone could understand to be irresponsible. As a result, it may be possible to file for this particular type of malpractice without first getting an affidavit. However, an experienced attorney will still gather as much evidence and testimony as possible to ensure you have the best chance of case success.

Seeking Compensation for Short-Term and Long-Term Losses

Unquestionably, money alone cannot make up for the irrevocable physical and psychological damage that a wrong limb amputation can cause. What civil restitution can do is mitigate the financial losses associated with your doctor’s misconduct and maximize your quality of life despite the harm caused.

In Philadelphia, a comprehensive lawsuit or settlement demand over a wrong limb amputation can account for both economic and non-economic forms of harm, including:

• Costs of additional medical care made necessary by the doctor’s original error
• Disability-related expenses, such as prosthetics, mobility aids, and home modifications
• Lost working and earning capacity
• Physical pain and discomfort
• Emotional anguish and trauma
• Decline in overall enjoyment of life

Guidance from a qualified legal professional is key to identifying specific damages that this type of malpractice will cause. In addition, an attorney will assign fair financial values to those damages years before they fully manifest. In circumstances where a doctor, or team of doctors, exhibited extreme negligence by operating on the wrong limb, a civil court may impose punitive damages against those defendants to punish them for their misconduct. The amount awarded to you serves as extra compensation.

Taking Legal Action Within Filing Deadlines

In Philadelphia, the longer you wait to file suit over a wrong limb amputation, the more likely it is that crucial evidence may be lost, altered, damaged, or destroyed. Pennsylvania law sets strict time limits on how long someone can wait after being harmed through malpractice to formally file suit over their injuries.

Generally, you have a maximum of two years to sue after first realizing you were harmed through a doctor’s negligence. There are some rare exceptions to this rule, primarily involving scenarios where it takes longer to discover that malpractice has occurred in the first place, which rarely occurs with wrong limb amputations.

Contact an Attorney in Philadelphia if Your Surgeon Amputated the Wrong Limb

If you have been the victim of an erroneous or incorrect amputation, please contact the lawyers of Lowenthal & Abrams, Injury Attorneys, today. We will help you seek the compensation to which you are entitled due to a wrong limb amputation in Philadelphia.