The concept is that medical malpractice is a foreseeable consequence of the initial injury, and therefore all damages should be collectible from the homeowner's insurance policy. The only reason you would sue the medical providers was if the insurance coverage under the homeowner's policy is inadequate. That is definitely a concern with an amputation. I would raise the issue of whether there is adequate coverage under the homeowner's policy with your lawyer.
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Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have. Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert. John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com. Click here for my website.
Answered on Jun 06th, 2015 at 9:00 AM