Legal Question in Medical Malpractice in Georgia

Unnecessary Amputation

My father started having severe pain in his left foot. His ins. carrier told him the MD to see. After visiting a general surgeon for the first time he was scheduled for a below the knee amputation. The MD performed no clinical test and strictly by a visual assessment stated the cause for an amputation was gangrene. One week following the surgery his stump became necrotic, which required an above the knee amputation. We received the pathology report and the results were no signs of gangrene, just a fresh blood clot. The cause of the second amputation was a direct result of the leg being cut off in the middle of the clot, which prevented blood flow to the stump. This case has been filed with an attorney and the physicians attorneys are trying to settle. During the first mediation the offer went no higher than $70,000. Of course my father did not agree, but his attorney stated that for a case such as this the settlement will be somewhere around $300,000. My father was extremly diappointed with the dollar amount. Does this sound dollar amount sound correct for a settlemet out of court and what are his chances if he declines the offer and decides to let his case go before a jury?


Asked on 11/09/04, 12:32 pm

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Unnecessary Amputation

It is difficult to evaluate a case without the complete medical record, as well as the opinion of all the experts relating to the issue of negligence on the part of the physician. It is unclear to me if you are contending the gangrene was not present at the time of the first surgery. I am assuming there is no serious question about this issue. That said, it might be that $300,000.00 represents a fair settlement value of the claim under the circumstances. If the necessity of the first surgery is in question, then it is not enough.

It would be hard to recommend going to trial, if the question relates solely to the second surgery.

Jim Hough

770-607-5300

Read more
Answered on 11/09/04, 4:23 pm
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Unnecessary Amputation

In using this service, it appears that you have less than full confidence in your attorney's advice and opinion.

Are you really looking for an semi-anonymous opinion or the chance to consult with someone else? Check our web site, www.robertswindholz.com

Read more
Answered on 11/09/04, 5:54 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Georgia