Leg and arm amputation cases attract personal injury and malpractice lawyers in any jurisdiction, but particularly in states where there is a cap on noneconomic damages.
This is because there are great economic costs associated with artificial limbs and the injuries often impact the victim’s ability to earn a living. In most states, like Maryland, these costs are not subject to a law that imposes a cap on damages.
Life with a Limb
Fortunately, most of us do not have experience with what life is like living without a limb. Our lawyers have seen what victims endure up close. You can look at this day in the life video that our client has kindly allowed us to post. This will give you some ideas. But, really, it was one of those things you really can’t KNOW unless you are living it.
There are almost two million amputees living in the United States. People lose a limb as the result of an amputation, being the surgical removal of all or part of a bodily extremity which could include an arm, leg, foot, hand, toe, or finger. Tragically, amputation of the leg above or below the knee is the most common type of amputation.
When it comes to losing a limb, there are several issues associated with it, including the effects it has on the person emotionally, physically, socially, and financially. Obviously, emotional effects occur on an individual basis and vary from person to person, but feelings of grief and loss are often seen in amputees. It is not uncommon for amputees to feel angry, depressed, helpless, and both isolated and disconnected from their surroundings.
Often, these emotions lead to a feeling that they lack control over their own lives and their emotions feel as if they are on a roller coaster. At times, they may experience sadness and despair, while at other times they may experience euphoric feelings of optimism for their future.
It is also very common for amputees to experience difficulty in concentrating after an amputation. As a result, amputees that use stress coping mechanisms that require concentration, like reading for example, often lose this solace in addition to everything else.
What causes amputations?
Believe it or not, the predominant cause of loss of limbs in the United States is a vascular disease — an estimated 54%. Most of these patients have diabetes and peripheral arterial disease. When vascular disease requires amputation of an extremity, it is because there is very poor circulation due to severe damage or narrowing of the arteries.
As a result, the body’s cells cannot get sufficient oxygen and nutrients from the bloodstream as blood flow is inadequate. When this occurs, and either goes untreated and/or becomes untreatable, the tissue in the affected area of the body begins to die and causes infection. When in an extremity and antibiotics cannot clear the infection, amputation is often required to prevent the infection from spreading throughout your body and killing you.
The second most common reason for amputation is trauma where a severe injury from some type of accident, like a motor vehicle accident or serious burn, requires an amputation of an extremity. Physical trauma accounts for approximately 45% of amputations.
Following trauma, cancer holds the remaining 1%. With cancer, amputation may be necessary when there is a cancerous tumor in the bone or muscle of an extremity that is untreatable and inoperable. As a result, in order to save your life and prevent the cancer from spreading, amputation is necessary as a last resort.
How much does an amputation cost?
When it comes to amputations, in addition to all the severe emotional and psychological effects they cause, the financial costs can be staggering and overwhelming. A lot of times, amputees may not be able to work or continue in their prior line of work following an amputation. Additionally, changes in their homes are often needed to accommodate their new limited mobility.
Johns Hopkins Center for Injury Research and Policy recently estimated that the lifetime total cost for a typical amputation is $509,272.
This estimate includes the initial costs of hospitalization, follow-up hospitalization costs, inpatient rehab services, outpatient physician visits, occupational and physical therapy, and the prostheses costs. This estimate, however, does not include treatment of whatever the medical issue was that rendered amputation necessary. These medical issues bring about their own costs in addition to this estimate and can be quite substantial.
In the experience of our lawyers handling amputation cases, these numbers are low. Your suspicion might be that our lawyers want to inflate amputation costs and there is some truth to that, of course. But even the defense experts in the cases we have had would estimate more than $500,000 in costs for an amputation.
What about insurance for amputation victims?
A lot of amputees have health insurance when they initially lose a limb, however, it is not uncommon for them to lose their jobs after the amputation and eventually lose their health insurance as a result.
For the ones who manage to keep their health insurance, the deductibles, co-payments, and payments for uncovered services can add up to substantial amounts of debt. Additionally, even for those who file for Social Security Disability benefits, the wait to receive those benefits often is roughly two years.
What about the cost of prosthetic limbs?
Prostheses limbs, in addition to everything else, are also very expensive and the various costs associated with getting and maintaining them can add up. For example, a new prosthetic leg may cost anywhere between $5,000 all the way to $50,000. The problem is, however, even the best prosthetic limbs only last between 3-5 years.
As a result, prostheses are not onetime expenditures and amputees are forced to spend thousands of dollars for new prostheses on a pretty regular basis. Usually, the majority of amputees will have a single prosthesis for the first year, but then due to changes in physique, fitting for the second prosthesis and then those thereafter will be required. On a positive note, after being fitted for the first prosthesis, most amputees will be able to walk on their own following 2-4 weeks of physical therapy.
Amputations from medical malpractice
Unfortunately, amputation may also occur as a result of a medical mistake or medical malpractice. A physician could misdiagnose or fail to detect an infection that becomes so bad amputation is needed. It is rare, but surgeons could even make surgical mistakes that require amputation.
Summarized below are stories of jury verdicts and reported settlements from actual medical malpractice or injury cases in which the plaintiff suffered some sort of amputation.
- In Doe v. Roe (California 2020), a 65-year-old woman received a $1 million settlement. She was diagnosed with endometrioid adenocarcinoma. The woman underwent a hysterectomy. Following the procedure, she took Lovenox for four days. The woman discontinued taking it after being discharged. Two days later, the woman collapsed at home. She was brought to the hospital. The woman was diagnosed with femoral arterial thrombosis and bilateral pulmonary emboli. She underwent a transesophageal echo test. It revealed a patent foramen ovale. The hospital staff brought her to the emergency room for a thrombectomy. However, the woman’s condition worsened. This prompted the hospital staff to halt the procedure. Within several days, the woman’s right leg became ischemic. She ultimately underwent an above-the-knee amputation. The woman alleged that the hospital staff’s negligence caused her injuries. She argued that her leg would have been saved had they instructed her to take Lovenox after being discharged.
- In Plaintiff v. Defendant (Michigan 2020), a 7-year-old boy and his family received a $2.4 million settlement. The boy presented to the emergency room with right leg pain. He underwent several X-rays. They were negative. The boy underwent no additional tests to determine his pain’s source. He was sent home with a splint. Three days later, the boy was brought to another hospital. He was diagnosed with a right leg blood clot. The boy was admitted to the PICU. He underwent lab tests. They revealed a Staphylococcus aureus infection and thromboembolic disease. The orthopedic surgeon diagnosed compartment syndrome with possible sepsis. The boy was transferred to a local children’s hospital. He underwent a right leg amputation. The boy remained in a medically induced coma for several weeks. His parents alleged that the emergency room staff’s negligence caused his permanent injuries. They claimed they failed to timely order additional testing, discharged him too soon, and failed to consult an orthopedic surgeon. The parents argued that a CBC test would have detected the infection and prevented the amputation. The defense denied liability. They argued that the leg was not salvageable.
- In Plaintiff v. Defendant (Michigan 2020), a 78-year-old man received a $1.1 million settlement. He experienced left leg weakness and numbness. The man presented to the emergency room. He underwent a venous duplex ultrasound. It revealed deep vein thrombosis. The hospital staff forewent additional testing to rule out an arterial blood clot. Two days later, the man’s leg became cold and mottled. He underwent to remove the arterial clot. However, significant parts of the man’s leg were now ischemic. He ultimately underwent an above-the-knee amputation. The man alleged that the hospital staff’s negligence led to his left leg amputation. He claimed they failed to order additional testing and negligently delayed the man’s arterial blood clot diagnosis. The defense contested the injury claims. They argued that the man’s comorbidities increased his ischemia risk.
- In Ocasio v. Saint Barnabas Medical Center (New Jersey 2020), a 5-year-old boy and his family received a $12.5 million settlement. The boy underwent a tonsillectomy. He experienced complications. The hospital staff performed emergent resuscitative measures. They included puncturing his femoral arteries to set up an arterial line. The boy underwent ventilation following the procedure. The hospital staff sedated and transferred him to the PICU. Several hours later, the boy’s lower right leg lacked a pulse. He underwent an emergency vascular procedure. It failed to restore his right leg’s circulation. The boy was airlifted to a children’s hospital. He underwent right leg and big left toe amputations. The boy subsequently underwent skin graft and wound closure procedures one week later. He now used a prosthesis and a wheelchair. The boy developed separation anxiety and post-traumatic stress disorder. His family alleged that the hospital staff’s failure to timely diagnose acute compartment syndrome resulted in the right leg amputation.
- In Standley v. Rech (Florida 2019), a man received an $11.9 million verdict after he underwent knee replacement surgery. The D.O. recommended the procedure, despite the man being at high risk of developing an infection. He had a history of 14 surgeries and osteomyelitis. After undergoing the procedure, the man developed an infection and had his leg amputated. He sued the D.O., claiming that he failed to consider his previous surgeries and infection as well as failing to consider antibiotic treatment post-surgery. The D.O. denied liability, claiming his actions did not contribute to the outcome. After a two-day trial, the jury found the D.O. 100 percent liable.
- In Lockhart v. Bloom (Georgia 2019), a woman received a $4.7 million verdict after being hospitalized following a suicide attempt. She attempted suicide by ingesting blood pressure medication. The woman arrived at the hospital conscious, but hypotensive. Hospital staff attempted to administer adrenaline. The woman alleged that the ER doctor then mistakenly placed a catheter on her femoral artery, rather than her femoral vein. This caused adrenaline to shock her system. She went into cardiac arrest 15 minutes later and was resuscitated shortly after. The woman was then transferred to the ICU. Her treating pulmonologist failed to notice that her femoral line was misplaced, and prescribed vasoconstriction medication to raise her blood pressure. The following morning, a nurse contacted the pulmonologist, telling him that the woman’s leg became cold and lacked a pulse. A venous ultrasound was ordered, which showed diminished blood flow. Three hours later, a nurse drew blood from the leg and noticed it was bright red. This made the nurse realize that the woman’s femoral line was misplaced. She contacted the ER doctor, who ordered that the medication to the femoral line be stopped. The woman alleged that the ER doctor failed to contact a vascular surgeon until three days later. By that time, her condition worsened as her toes became black, and necrosis developed. Her leg was ultimately amputated. She alleged that the ER doctor could have identified his initial mistake of placing the catheter on the femoral artery by ordering a dedicated arterial study. She also alleged that he should have immediately ordered a vascular consultation. This would have resulted in the administering of testing and medication, which would have saved the leg.
- In Blanford v. Robertson (Indiana 2018), a man received a $1 million settlement after a surgeon performed an ankle/foot surgery on him. Unfortunately, after his surgery, the physician and team were negligent in his postoperative care and he developed an infection that went undiagnosed and untreated. As a result, the infection became so bad it traveled to his other leg and he required a below the knee amputation of both his right and left leg.
- In Gartrell v. Universal Health Services (South Carolina 2018), a woman received a $13.75 million jury verdict after she was receiving care and diagnosed with pneumonia. While being treated, she suffered cardiac arrest and it was ultimately discovered the physician failed to detect she also had developed sepsis. The infection was so bad when the doctors discovered it she required amputation above the knee of both of her legs, her left arm below her elbow and all of the fingers on her right hand. The jury found that given the information and tests that were performed, there were clear indications that sepsis was developing and the physician and hospital staff were negligent in missing it.
- Additionally, in Patient v. Radiologist Roe (Massachusetts 2017) a man received $2.8 million after a radiologist misread a CT scan of his arm and shoulder as normal despite their being a mass there. The mass went undetected for five months until the man could feel it himself, and it was not until that point it was discovered and determined to have encapsulated the nerve bundle there that controlled the function of his arm. As a result, his arm had to be amputated.
- In Pantalone v. Deuter (New Jersey 2016), a man received a $1.8 million jury verdict after he had to have his leg amputated. He was recovering from knee replacement surgery and his surgeon removed the surgical staples at the surgical site too early. The man suffered a fall that reopened his incision and when repaired by the surgeon, no follow-up blood tests/cultures were performed or antibiotics prescribed. As a result, he suffered a surgical site infection that became so bad he required a life-saving above the knee amputation.
- In Hollingsworth v. Holy Cross Hospital (Florida 2018), a woman received a $15.9 million jury verdict after she suffered amputations as the result of a medication delay. She suffers from lupus and was having a flare-up when she was admitted to the hospital with pain in her hands and feet and was treated for vasculitis. After several days, her fingers and toes became black and shriveled with gangrene. Due to the infection, she had to have part of her foot amputated and nine of her toes, the tips of two fingers, and her right thumb. The doctor failed to prescribe her an immunosuppressant sufficient to treat the inflammation, and as a result, she developed gangrene requiring the amputations.
Getting a lawyer
If you or a loved one has suffered an injury resulting in an amputation, contact the experienced lawyers at Miller & Zois for help. We can review your medical records and help you determine whether you have a claim. Call us today at 800-553-8082 or request an online consultation.