Ankle Fusion Injury Lawsuit – Medical Malpractice Lawyer
Surgery is not an uncommon occurrence, and thousands of procedures are performed each day. The vast majority are successful and do not result in any additional injuries, but there are times when errors happen. In these situations, the doctor, nurse, or hospital should be held properly accountable, and the victim should be fairly compensated for the injuries. You may not know what to do, which necessitates the need for a lawyer. A medical malpractice lawyer in Los Angeles can help you file your claim and defend your rights. Contact our team of expert attorneys at the Downtown LA Law Group today.
Ankle Fusion InformationAnkle fusion is a surgery meant to relieve arthritic pain and maintain the function of the ankle. The bones may grow stuff and the joints may become worn down over time. The cartilage on top of the ankle joint is removed and the lower shin bone ends up fusing to the ankle.
There are two kinds of ankle fusion surgeries:
- Open ankle fusion, in which an incision is made and the cartilage is removed by hand. The skin is essentially opened and screws are inserted into the bones to aid in fusion. This is a fast procedure.
- Arthroscopic ankle fusion, in which small incisions are made and the procedure is done entirely internally. The screws are still inserted after the cartilage is removed, but the degree of damage to the skin is greatly lessened. This procedure has a higher chance of success.
You may need to get an ankle fusion if you have been suffering from arthritis in your ankle for a period of time. Arthritis can cause stiffness, aches, pains, and a relative inability to move. Fusing the bones can allow you to return to full mobility. You may also need ankle fusion surgery after an accident of some kind. Examples include:
- Car accident: Your foot could be seriously injured in a car crash, as the space under the wheel is quite narrow. Your foot may be trapped between two pieces of broken metal, crushed in some way, or otherwise damaged.
- Slip and fall or trip and fall: A slip and fall down the stairs, on the sidewalk, or even onto a hard surface can cause you to damage your ankle. Repeated sprains may cause swelling and weakness over time.
- Workplace injury: your job may be dangerous and cause you to be at risk for foot and ankle injuries. You could be in construction, for example, or in warehouse work, which always involves heavy objects potentially crashing onto your foot.
- Falling object: a falling object can happen anywhere, from stores and retail outlets to furniture warehouses and grocery stores. If an object falls on your foot while you’re at the mechanic, auto shop, or other location, you may suffer serious injuries.
Although ankle injuries may not seem serious at first, they can be debilitating over time. You are constantly on your feet and putting weight on them, and tit is rare that an ankle will get the rest it needs to return to total health. This is due to the fact that we need to be mobile more often than not, whether that includes taking care of our families or going to work.
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A surgeon may make an error while performing the ankle fusion. He could very easily slip and cause extra incisions, slice muscle, operate on the wrong ankle, and more. Some of the common problems in ankle fusion surgery include:
- Nerve damage, resulting in numbness, hypersensitivity, lack of feeling, sudden pain, CRPS, and more
- Blood vessel and artery damage, which may cause infection and lead to amputation
- Infection, which can weaken the body and allow additional complications to arise
- Malunion, in which the bones fuse but do not heal correctly or in a comfortable or maintainable position, and can necessitate another corrective surgery
- Nonunion, which happens when the bones fail to fuse and would require a second surgery
These are all issues that should be avoided by the surgeon and can be if he is competent. For example, an infection may happen if the surgeon uses tools or instruments that were not properly sterilized. This can result in bacteria being present at the site of the surgery. The surgeon should also be careful and not rush through the surgery or he may slice or cut where he shouldn’t, which can cause complications as listed above.
Proving a Medical Malpractice LawsuitIf you wish to file a medical malpractice lawsuit, you ut establish that there was a doctor/patient relationship between you and the surgeon, that the surgeon acted in a way any other competent doctor would not have, that the actions led to an actual injury, and that the injury had consequences on your health. The long term damage can be adequate to show the actual physical effects the mistake had.
To sue, you will need to follow a few steps. These steps include the following:
- Take pictures of the injuries
- Get copies of medical records, doctor’s notes, X-rays, MRIs, and more
- Get copies of medical receipts and prescriptions
- Acquire additional results showing that the fusion was a failure or resulted in additional injuries, such as second opinions by other doctors
- Ask eyewitnesses for their statements, including friends, family, nurses, other patients, and more
- Get the contact information of the hospital and ensure that your insurance company is aware of the issue
- Reach out to a skilled medical malpractice attorney who can represent you while you heal from your damages
If you were a victim of medical malpractice because of a botched ankle fusion surgery, you could receive ample compensation. You should not be expected to pay for various expenses and debts if you were hurt while under the knife the surgeon or hospital should be held accountable for the error that was made. We will see to it that you are fully covered for the incident, which can result in restitution for the following:
- Medical bills from the past and future for additional treatments, surgery, hospitalization, physical therapy, medication, and more (medical bills have no upper limit in medical malpractice claims)
- Lost income from the time you could not return to work due to injury or recovery from the botched surgery
- Pain and suffering damages to account for emotional trauma, psychological scarring, PTSD, fear, anxiety, and more (these damages are capped at $250,000 in medical malpractice lawsuits)
- Punitive damages if there were an intention to cause harm or gross negligence that resulted in injuries
Although not common in ankle fusion cases, it is possible to receive wrongful death expenses from a medical malpractice claim. This is most common in scenarios where a victim has a sudden adverse reaction to a drug, asphyxiates, seizes, suffers a blood clot, or has an infection that spreads. These damages can include funeral and burial fees, pre-death medical bills and pain and suffering, loss of consortium, loss of inheritance, and more.
The goal of our attorneys is to bring you every penny you deserve from a medical malpractice lawsuit. Contact a skilled lawyer today to move forward with your case.
In California, the statute of limitations on medical malpractice claims is 1 year from the discovery of the injury or 3 years from the date of the injury, whichever comes first. If you do not file a claim within this time period, you will not be able to receive any compensation in the future. It is important that you act quickly so that your evidence is preserved as best as possible.
There is the possibility for the statute to be extended beyond the deadline in some situations. This can happen if the victim is underage at the time of the incident, which would pause the statute until he turns 18 years old. Further, if a victim is incapacitated after the injury, the statute would be on hold until he returns to health. The defendant must also be present in the state, or the statute will be suspended until he returns.
Many victims fail to file their claims on time and, as a result, do not receive any compensation. If you want to ensure that your case will be submitted on time, come to our firm for assistance. We’ll ensure that your case is at the top of the pile at the insurance agency and that there is no risk of any deadlines being missed.
The Firm for YouThe Downtown LA Law Group has handled numerous medical malpractice and ankle fusion lawsuits over the years. We know the best methods to win your claim and will stop at nothing to secure you every penny you deserve. Our lawyers are known for being aggressive and for going to court if necessary.
Call today for a free legal consultation to discuss your claim. We’ll tell you how the legal process works and answer all your questions and concerns. If you hire us, we’ll ensure you pay no out of pocket fees with our zero fee guarantee. We take care of the costs of the case and if we win, the insurance company settles our bills. If we lose, we get paid nothing and you are charged nothing.
To file an ankle fusion malpractice lawsuit, get in touch with the Downtown LA Law Group at once.
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