According to the Amputee Coalition, there are approximately 185,000 new amputation cases in the United States every year. Lower limb amputations are much more common than upper limb amputations, but no matter the type victims suffer from, they are often a result of another person’s negligence. Many people often do not realize that this negligence occurs in healthcare settings, which can make it even more devastating. When a doctor is trusted to care for a patient, it is extremely alarming when the opposite happens. Amputations are not only devastating for victims, they are also very costly. When they occur, victims can file a medical malpractice claim to recover their damages. In California, these claims are complex and have many rules that other personal injury claims do not. A Bakersfield amputation lawyer can walk victims through the process and help them secure the full amount of compensation they deserve.
The Cost of an Amputation InjuryAmputations are one of the most expensive injuries a person can suffer. According to a study conducted by the Johns Hopkins Center for Injury Research and Policy, the average cost of an amputation is $509,272. This price tag includes initial and future hospitalizations, rehabilitative services, other medical costs, and the cost of prosthetics.
Many times, a person’s home must be renovated to accommodate the injury. Amputation victims also often cannot return to work and sometimes, expensive vocational training is necessary to help the injured individual return to some form of work again. These costs are in addition to the cost of the amputation given by the John Hopkins Center.
Factors Affecting Compensation for Amputation InjuriesAfter an amputation, victims can claim any of their losses including medical costs, lost wages, prosthetics, pain and suffering, and any other damages they incur, with the help of an amputation attorney in Bakersfield. Damages that have an actual dollar value, such as lost wages and medical expenses are known as economic damages. There is no cap on these damages, but other losses such as pain and suffering are non-economic damages that do not have an actual dollar value. In California, these damages are capped at $250,000 for accident victims.
Another factor that could affect the compensation amputation victims receive is the legal concept of comparative negligence. Other states prohibit plaintiffs from recovering their damages if they are 49 or 50% at fault for their accident. A handful of states bar plaintiffs from receiving anything if they were even one percent at fault for the accident. In California, though, if you were even 99% at fault for the amputation, you can still recover the 1% of damages that were not your fault. In most cases, patients do not share any fault for an amputation, but it can occur when victims forget to tell their doctor of a medication they are taking, or do not seek health care for an infection as soon as possible.
An Amputation Attorney in Bakersfield can Maximize Your CompensationIf you have suffered an amputation due to a healthcare professional’s negligence, call a Bakersfield amputation lawyer at Brod law Firm. We have helped many clients through their medical malpractice cases, maximizing the amount of compensation they received. You can rest assured that with our attorneys on your side, your rights will be protected. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation to learn more about how we can help with your case.