More details to this question:
Back in Sept. I had my toe amputated. a day or so later i was doped up severely where I didn't understand the doctor and he didn't ask my family he ask me in a doped up state whether to remove part of my foot or my leg just before the knee make the choice and i don't remember any of this cause i was too out of it. if i would have been in my right senses I would of said no or part of the foot. Now I'm in a wheelchair no balance fall alot waiting for a prothesis which i rather be walking right now with a cane. so do I have a case or not.
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Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Informed consent cases are very difficult. I don't know what the law is in Ohio, but in New Jersey you have to prove that if a reasonable person was given additional information, a different option would have been selected. If you had a gangrenous toe, it is likely that the infection spread into your foot, and removal was necessary to preserve you leg, so most people would have opted for the surgery in those circumstances.
This is all speculation, and there may be facts in the records that I am not privy to. Loss of a limb is a serious problem, so you should talk to an attorney in your jurisdiction and fill him in on the details.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.
Answered on Dec 11th, 2013 at 7:23 PM