Prove Negligence in An Amputation Injury Case

7 Tips to Prove Negligence in An Amputation Injury Case

Have you suffered the trauma of an amputation after surgery went wrong? Proving negligence could be the key to getting enough compensation to pay those medical bills.

There are three main reasons why you might suffer an amputation in your life. You may have an accident, you may lose a limb or appendage due to a disease, or you could lose your limbs to medical negligence. Proving that the loss of a limb was down to an accident caused by negligence, or the negligence of a medical professional, is the key to maximizing your compensation. The other key is to hire a specialist Chicago amputation lawyer who is an expert in amputation law and medical malpractice suits.

The 7 Tips to Proving Medical Negligence in an Amputation

It is your legal right to claim compensation for an accident caused by negligence or by inattentive medical teams. Here is how you can prove their negligence, even if they change the medical records.

1 – Prove negligence by establishing duty of care

The first thing you must do to prove medical negligence or negligence which caused the accident, is to prove the third party had a duty of care towards you. A duty of care means that while you are on their property, you expect to be safe and unharmed. In the case of medical negligence, it means establishing that this was your doctor or surgeon. If you have receipts from them, or digital payments to them, or even a signed prescription predating your accident, this will work.

2 – Prove there was a breach

Now you have convinced everyone that there was a duty of care, you can convince them that the third party broke it. This is the hard part. This involves proving your surgeon or doctor, place of work or public building, allowed you to become harmed through their negligence. Look for witnesses, CCTV systems, or security guards for statements.

3 – You became injured when the breach happened

Once you establish exactly what the breach was, you can establish that you suffered injury as a result. For example, proving that the surgeon owed you a duty of care to remove your right leg, and removed your left leg instead. Going to the ER immediately after the accident helps establish this.

4 – Proof of the resulting damages

When you have found and exposed evidence of all the above, you must also prove the damages you suffered because of the breach. So, in the case of a wrong leg removed, you still need the initial operation. You can claim for medical expenses for both operations, including time off work, loss of future earnings, recovery treatments, ongoing care, and general pain and suffering. Keep all your receipts including travel expenses.

5 – Proving you did not need the amputation

If there are pictures or videos of your pre-accident, using the health limb, these may help your case. If you have another physician who recently examined you, this could help.

6 – Get the testimony of an expert witness

In the event of an accidental amputation case, you should consult with another doctor. Submit yourself to an examination to help prove that you were otherwise healthy before the medical team amputated.

7 – Request your medical records

Once you request your medical records, have your lawyer look at them. They train to spot alterations. If they altered your records, then they have something to hide. This could make or break a big case.

Medical Negligence Ruins Lives

The second huge reason that you ought to claim compensation for an amputation is to stop the same thing happening to someone else. Medical negligence costs lives. By filing a lawsuit, you are doing your part to prevent it.

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