According to the Amputee Coalition, more than 500 Americans lose a limb each day, and nearly 2 million Americans presently live with limb loss. Approximately one out of every two hundred people has experienced amputation of a finger or fingers, or of a toe or toes. In summary, amputations and limb loss affect a significant portion of our nation's population on an annual basis.
An amputation may become necessary after an injury incident or due to infection or disease. The consequences of the procedure generally last for a lifetime and a person who undergoes it may find it difficult to perform daily tasks. With the best available treatment, rehabilitation, and therapy, victims of limb loss may overcome their struggles and learn to lead normal lives; however, it can get quite expensive. Without financial assistance, victims may not be able to fund a full recovery.
An accident victim may pursue compensation for the losses they have suffered due to their amputation by filing a claim. The type of claim a victim can file depends on the circumstances of his or her specific case. The following types of claims are commonly filed for amputation cases:
- Personal Injury: If a person has to undergo an amputation due to an accident that was caused by another party, he or she may collect damages from the liable party through a personal injury lawsuit.
- Medical Malpractice: There are plenty of ways hospitals or physician errors can lead to an amputation. A careless physician may make a misdiagnosis which leads to a dysvascular-related or cancer-related amputation. A surgeon may perform an unnecessary amputation procedure on the wrong patient. A patient's infection may not be addressed in a timely fashion, leading to limb loss that was completely preventable. A medical malpractice claim is merited in all of these cases and more.
- Workers' Compensation: All employees have the right to workers' compensation benefits for any injury suffered while on the job (such as machinery amputations), even if they may have had some fault in the incident. They may receive medical coverage and disability payments during their recovery.
In any case, the assistance of an experienced NY amputation lawyer is invaluable. Civil suit procedures are complex affairs with many pitfalls; without legal guidance, claimants may jeopardize their rightful compensation by agreeing to unfair settlement offers or making mistakes that put the validity of their claim into question.
Amputations can be caused by a wide variety of circumstances. They are separated into four primary classifications, as described below:
- Dysvascular-related: Circulation problems stemming from vascular diseases, such as diabetes account for 82 percent of all limb losses, making this the number one category. An overwhelming majority (97 percent) of dysvascular amputations involve lower limbs.
- Trauma-related: A limb may experience severe physical trauma in an accident, making an amputation necessary. This is the second most common type of amputation. Approximately 68 percent of trauma-related amputations involve the upper limbs.
- Cancer-related: An amputation procedure may be called for to stop the spread of cancer from a limb to the rest of the body. A limb may also be removed if it has been thoroughly ravaged by cancer. A third of cancer-related amputations involve the lower limbs.
- Congenital-related: Fibrous bands of the amnion may constrict foetal limbs to the point where they receive no blood and consequently fall off, causing a child to be born without one or more limbs or with partial loss of limbs.
The legal team at Wingate, Russotti, Shapiro & Halperin, LLP has garnered great acclaim over the many years of their practice due to their excellent standards in client service and legal representation. If you are currently seeking a top New York injury law firm for your case, please call our office today at (212) 986-7353 for a case evaluation at no cost to you.