Amputation Injuries: Medical and Legal Issues
A serious injury such as an amputation has the potential to dramatically change a person's life.
June 26, 2009 /24-7PressRelease/ -- Amputation Injuries: Medical and Legal Issues
Article provided by Ryan A. Foster & Associates, PLLC
Visit us at www.ryanafosterandassociates.com
A serious injury such as an amputation has the potential to dramatically change a person's life. The injured person may face a long, painful recovery, physical therapy and expensive medical treatments. One of the primary objectives of any personal injury or workers' compensation lawsuit is to help injured people and their families obtain the compensation they need to deal with such a situation. It is important that they have sufficient resources for their medical and financial needs now and in the future.
Accidents That Lead to Amputations
Accidents that result in an amputation can occur just about anywhere, as the result of any number of reasons. It is important to understand that where the accident occurred and where the responsibility lies plays an enormous role in who can be held liable for short-term and long-term damages related to an amputation.
Some common causes of amputations include:
-Workplace injuries
-Dangerous property conditions
-Motor vehicle accidents
-Construction site accidents
-Dangerous and defective products
Medical Issues Facing Amputees*
The loss of a limb is never easy for anyone to deal with, and often it subjects people to physical and psychological problems that are difficult to overcome even with proper medical and psychological care. One common short-term complication faced by amputees is phantom pain in the amputated portion of the limb. This sporadic burning, shooting, stabbing, throbbing or burning sensation seems to come from the amputated limb. Treatment options may vary, ranging from medication and noninvasive treatment to surgery.
Other short-term complications that one must be aware of include:
-Failure to heal
-Infections
-Nerve and skin problems
-Stump pain
-Venous thrombosis and pulmonary embolism
-Nuromas
-Joint contractures
-Edema
Long-term medical needs are something that an amputee should also consider when thinking about future financial needs. Issues related to a prosthetic also need to be considered, including rehabilitation and replacement.
Other long-term medical complications, in some situations, may include:
-Back, hip, knee and other joint pain
-Osteoarthritis
-Degenerative diseases
Besides these physical complications, amputees can also suffer severe, even debilitating mental health issues that stem from the injury and its aftereffects.
Assessing Available Sources of Help for Amputees**
Whether you or a family member has fallen victim to an injury that resulted in an amputation, it is important to understand the importance of thoroughly assessing the current and future needs of you and your family. Through a personal injury claim, victims can seek to recover compensation for economic and noneconomic damages as allowed by law that result from the natural and foreseeable consequences of a party's actions. The compensation that may be collected in certain types of cases is meant to cover a variety of damages, including:
-Past, present and future medical expenses
-Past and present pain and suffering
-Future pain and suffering
-Loss of earnings and impairment of earning capacity
-Permanence of injury
-Loss of enjoyment of life
While people can live a productive and fulfilling life after an amputation, many things will likely change. It is important that any personal injury or workers' compensation award reflect those changes.
Third Party Personal Injury Claims and Workers' Compensation
If the accident that led to an amputation occurred while the person was working, it is likely that he or she will pursue a workers' compensation claim. In workers' compensation cases the amount of money recoverable by an amputee is generally capped. Worker's compensation often prohibits individuals from obtaining money for pain and suffering. That is why it is important to consider pursuing compensation from a third party by filing a third party personal injury claim if possible. This will help the injured person maximize the amount of a damages award after an amputation.
For any personal injury claim based on negligence to be successful, the victim must show that the defendant owed the victim a legal duty to act in a certain way and that the defendant breached that duty by failing to act with reasonable care. The victim must also be able to show that this act caused his or her injuries and damages resulted.
It is important for amputees to consider their ongoing medical and financial needs when seeking benefits. A failure to do so could result in seeking too little compensation, jeopardizing their financial futures and coverage for continuing medical care.
Obtain the Help of an Experienced Personal Injury Lawyer
When you or a loved one suffered an amputation because of the actions of another, it is time to speak with an experienced attorney who can explain all your legal options and help you pursue the course of action that is right for you.
*The following information about medical issues is not intended and should not be construed as medical advice. If you have specific questions about diagnosis or treatment, you should talk to your medical provider.
** The discussion about potential legal claims below is for informational purposes and is not advice. If you have specific legal questions, please consult an attorney. Laws may vary from jurisdiction to jurisdiction.
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