What can we do if my father suffered an injury that may result in his leg being amputated?

UPDATED: Sep 30, 2022

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What can we do if my father suffered an injury that may result in his leg being amputated?

My dad was transported from the nursing home to the hospital via ambulance. When they made it to the hospital, we noticed that he had a small laceration under his toes which was bleeding and required 4 sutures. He was being transported for a regular scheduled doctor appointment. Paramedics say they didn’t know what happened. Now, gangrene has sit in on that toe. The hospital says dad’s right leg may have to be amputated due to no circulation from the knee down. Is this a case against the paramedics or the VA hospital that’s who the ambulance service is contracted with?

Asked on January 11, 2016 under Malpractice Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There may be a malpractice claim against the doctor, the paramedics, or the VA doctor... or some combination thereof.  However, to make a claim, you are going to need to obtain a better understanding of the cause of the current issues.  You need to get your dad looked at by someone else for a second opinion, to review his medical records, and to give you a better idea of what happened.  To prove malpractice, you have to prove that one or more of your dad's medical providers did something contrary to a required normal standard of care.  If your dad's condition was a consequence of a health condition, rather than a care issue, then there isn't much you can do.  If your dad's condition was a result of neglect and the second opinion confirms it, then you can help your dad pursue a malpractive claim.  Considering that he is facing amputation, he will certainly be able to identify an injury in need of relief.

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