I am an amputee and I have a lot of phantom pain in my residual limb. Can I sue the doctor who performed the amputation for malpractice because of my phantom pain?

I’m sorry to hear about your phantom pain. As an amputee, I can relate, as can most other amputees. The majority of amputees have phantom pain at some point after the amputation. For some amputees, the pain can be intense and may last a long time after the amputation is over.

New research has shown that surgeons who perform amputations should be much more methodical than in decades past. Studies have shown that in an amputation, surgeons should be very careful to dissect the limb in order to leave bits of muscle, which can cap off the nerves. Nerves that have muscle tissue still attached are less likely to trigger pain. They can also use prostheses more easily.

However, this new method of amputation is still relatively new. The doctor who pioneered the method says that his patients have had very good results, with less pain from prosthetics and fewer instances of phantom limb pain.

This method of performing amputations is still new and somewhat experimental. Most amputations are done in a different manner, and the amputees may be more likely to experience phantom pain that if the amputation is done in a different way. However, that does not mean your surgeon committed medical malpractice. The medical standards for most doctors in your community will determine whether or not your doctor was negligent. Doctors are not expected to keep up with every single medical advance, but only must act as other reasonable doctors in the same medical community.

As an amputee, I understand how rough an amputation can be. If you believe that someone is to blame for your amputation, you may wish to speak with an attorney. Time limits apply in filing personal injury lawsuits, so you may want to act sooner rather than later. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you need to speak to an attorney about your amputation. I can help.