Life Altering Amputations Net Higher Damages
Cleveland, OH (Law Firm Newswire) January 26, 2011 - The impact of losing a limb – whether that is an arm, ear, foot, leg or finger – is mentally, emotionally and physically devastating. A person’s recovery from the loss may vary, depending on the severity of the amputation, but the personal injury claim for compensation may also vary, depending on how the limb was lost.
“If the person lost a leg due to wrong body part surgery, the compensation for this may be higher than a person who lost a finger in a car accident,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.
Typically, amputation claims tend to fall into several different categories, largely based on the type of amputation. There is traumatic amputation, the result of a serious accident. An accident like this may happen at any time, anywhere and may involve a car, truck, big rig or motorcycle. Amputations in this category may be what are referred to as complete, meaning a total loss of limb and tissue, or they may be partial, which some soft tissue left behind. Unfortunately, in many instances, although some tissue may remain, it is usually crushed.
“Surgical error accounts for some amputations. Often what starts out to be a surgery for one thing may end in an amputation that was not planned. This may be the result of a surgical procedure that went wrong where complications developed, necessitating an amputation. Any patient who loses a body part as the result of a surgical mistake may file a claim for the amputation and the surgical error. In cases like this, I strongly advise you to talk to an experienced medical malpractice lawyer. This is not a situation you want to tackle on your own,” Mellino said.
Amputations may also be the result of a surgeon taking the wrong body part. It has happened in several cases where either the wrong patient was operated on, the wrong body part was taken or someone was misdiagnosed with a disease requiring amputation, but ultimately, the diagnosis was in error.
“If a patient loses a leg below the knee in an attempt to stop the spread of cancer and it later turns out the patient did not have cancer, this is often the beginning of a med mal case,” said Cleveland medical malpractice lawyer Christopher Mellino.
Losing a limb is a life altering experience where the individual will never be the same again. While some may be able to cope with their loss and move forward, those who have sustained a major loss, such as both legs or arms, have a tough journey in life ahead of them. Cases where the injuries are catastrophic often end up with the jury awarding higher damages in order to provide for the plaintiff’s care for the rest of his or her life.
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Cleveland, Ohio 44114
Call: (216) 241-1901
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