My insurance will not pay for my prosthetic. Should I go on Medicare?

Insurance issues can be among the most frustrating aspects of living life as an amputee. For many amputees who become amputees as children, their prostheses are covered by Medicaid until the age of 18. Once they are 18, amputees are typically either covered by parents’ insurance or their own insurance, and the prostheses are paid for by a private insurance company.

Unfortunately, in many cases private insurance companies do not offer the same level of services that Medicare and Medicaid do. Insurance companies may deny an amputee the prosthesis that is required and instead may try to find a less expensive alternative. The cheaper alternative may not allow the amputee to engage in all the physical activities the amputee would like. Also, a lower-quality prosthesis can actually lead to serious health problems for the amputee, including back problems, muscle problems, and falls.

However, normally to qualify for Medicare or Medicaid (unless over retirement age), an amputee must be not working and on disability or another government program. Many amputees have rewarding careers that they may not wish to give up. Instead, the amputee should fight the insurance company. Insurance companies will reverse their decisions, but usually it takes some work on behalf of the amputee. The amputee may need to coordinate with his or her doctor, prosthetist, physical therapist, and others in order to get the prosthesis that is needed.

In other cases, an attorney may need to assist. If you’re an amputee and your insurance company refuses to cover your prosthesis, you should speak with an attorney. The insurance company may be acting in bad faith. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am an amputee as well as a personal injury attorney, and I can help. Call today to learn more or to schedule a free consultation.

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.

I am an amputee and I believe that a transplant was an option for me, but my insurance company would not cover it. It is too late now. Can I sue?

I am so sorry to hear about your amputation, and that medical treatment that you believe may have helped you was not available because of insurance reasons.

Effective transplants of entire limbs, hands, or feet are rare but have been done effectively. Transplants normally involve a lifetime of immunosuppressive medications, which can cause However, there are other, more common transplants which are effective for some amputees. Nerves can in many cases be successfully transplanted, which can help amputees who have nerve injuries. Skin, muscles and tendons can also be successfully transplanted in some cases in order to help amputees.
There are some advantages that a prosthetic limb can offer over transplants. Transplants can take a long time to become effective, and could lead to re-injury of the limb. A transplant may not ever “take”, and an amputation and prosthesis may ultimately be required anyway. The immunosuppression drugs that patients must take have complications and side effects, and the patient could ultimately end up rejecting the limb anyway.

If you believe that your insurance company acted improperly in denying your claim, it may be time to speak with an attorney. Insurance companies are not required to pay for treatments that are experimental or not medically necessary. In some cases, insurance companies may act in bad faith in denying claims, which can lead to either patients not receiving the treatment to which they are entitled, or being stuck with huge medical bills after a claim has been denied.

Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you are an amputee and you believe your claim has been illegally denied. I am also an amputee and I work hard on behalf of other amputees to get them the compensation they deserve. Call to learn more.

My child suffered a finger amputation on a piece of playground equipment. What are my legal options?

I’m so sorry to hear about your child’s accident. Although that type of incident is extremely rare, it does happen. Late last year, a playground equipment manufacturer issued a recall for hundreds of slides after reports of amputations involving children.

If your child has suffered serious injuries because of a defect with a piece of playground equipment, you have legal options. Normally, you would pursue a product liability case against the manufacturer of the defective equipment.

Product liability cases can be handled in a number of ways. The type of product, as well as the date it was designed or manufactured can determine how a case against the product manufacturer should be pursued. In some cases, the injured party can base their lawsuit on a breach of warranty claim, while other cases proceed under a theory of strict liability.

In a breach of warranty case, the injured party will claim that the manufacturer is liable because it breached a warranty, either express or implied, when a product was sold with defects. In other cases, a theory of strict liability is used. In strict liability, it is only necessary to show that the product was defective and the consumer was harmed.

There are several types of defects that are involved in product liability cases. Some products have design defects, and all products have the same issue. Other products have manufacturing defects which were caused by a problem with the manufacturing products. Other products may not have contained the proper warnings about their use.

If your child has suffered an amputation because of a defective piece of playground equipment, call me, Conal Doyle, Amputation Attorney at 310-385-0567. We will provide you with a free consultation on your case. Call today to learn more.

I recently had a limb amputated. Is my job legally allowed to fire me because of the amputation?

It depends on the situation, but in most cases, no, an employer cannot fire you because you have a limb amputated. By law, disability discrimination is illegal. Disability discrimination occurs when an employer treats an employee (or a job applicant) unfavorably because of a disability.

An employer is required to provide reasonable accommodation to an employee or a job applicant with a disability, unless doing so would cause significant disability or expense for the employer. A reasonable accommodation is any change in the work environment or the way things are usually done in order to help a person with a disability perform the duties of a job.

For example, if you had a leg amputation, and your job involves a lot of standing which may be difficult after your amputation, your employer could be required to find a way for you to work sitting down, if possible. If, however, your job involves a lot of heavy lifting, and you had an arm amputation, there may not be a way to provide you with reasonable accommodation.

If making a reasonable accommodation would be too difficult or expensive in light of the employer’s size, financial resources, and the needs of the business, the employer does not have to provide reasonable accommodation. In addition, if there are multiple ways of providing reasonable accommodation, the employer can choose which one to provide.

Cases involving disability discrimination are very fact-dependent. If you had an amputation and you believe your employer discriminated against you as a result of that amputation, you should speak with an attorney. Call me, Conal Doyle, Amputation Attorney at 310-385-0567. My team can help. I am also an amputee, and I focus a great deal of my practice on helping other amputees. Call today to learn more or to schedule a free consultation.

I am an amputee and my insurance company refuses to pay for a C-leg. Can I sue the insurance company?

As an amputee as well as a personal injury attorney, I understand how frustrating dealing with insurance companies can be. Unfortunately, many insurance companies are very happy to collect customers’ premiums, but when the time comes to pay claims, they may refuse to pay. The biggest reasons insurance companies use when denying claims is that the medical claims are not medically necessary or are experimental, both of which are typically excluded under insurance policies.

A C-leg refers to a type of prosthetic leg that has a microprocessor knee. The C-leg is manufactured by Ottobock, and is more expensive than other types of prosthetic legs. It is also more advanced, and offers a lot of benefits that are not available to users of other types of prosthetic legs. The C-leg is more stable than other prosthetics, and can adapt to users and the manner in which they walk. It can also make walking backwards much easier.

If your insurance company refuses to pay for a C-leg, your first step is to check your policy, as well as talking to your doctor and your prosthetist. Getting coverage may be as simple as getting additional documentation from a doctor. However, in some cases obtaining coverage involves a fight with the insurance company. Many insurance companies act in bad faith, and could be required to pay for not only your prosthetic leg, but also your attorney’s fees.

Call me, Conal Doyle, Amputation Attorney, if you have been denied coverage of a prosthetic leg to which you believe you are entitled. I can help. Call today at 310-385-0567 to learn more or to schedule a free consultation on your case.

I went into septic shock and suffered an amputation as a result. Can I sue my doctor?

I’m sorry to hear about your amputation. As an amputee, I understand the physical and emotional struggles that accompany an amputation.

Septic shock is a complication of sepsis. Sepsis can occur as the result of an infection, and is extremely dangerous and life threatening. There are three stages of sepsis. The first is sepsis, when the infection reaches the blood stream, and causes inflammation in the body. The second is severe sepsis, which occurs when the infection is serious enough to affect the functioning of your organs. Septic shock occurs when you experience a significant drop in blood pressure, which can lead to respiratory or heart failure, other organ failure, strokes, and death.

Some symptoms of septic shock include a fever, low body temperature, rapid breathing, and a fast heart rate. When septic shock becomes very severe, there may be dizziness, confusion, problems breathing, and a bluish discoloration of the fingers or lips. Septic shock is caused by an infection that is not treated. In many cases, septic shock can be treated with antibiotics, other medications, large amounts of fluids, and minor surgery. In serious cases such as yours, an amputation may be required.

You may be able to sue your doctor as a result of your amputation. However, you will have to prove that your doctor acted negligently. Your doctor may have failed to properly recognize the signs of sepsis, or may not have properly treated your infection initially. Call me, Conal Doyle, amputation attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

Diabetes Drug Receives Warning from FDA Due to Amputation Risk

The FDA recently issued a warning about the type 2 diabetes drug canagliflozin, which is sold under the brand names Invokana and Invokamet. According to the FDA, the drug increases the risk of leg and foot amputations. The FDA is requiring the medications to carry new warnings about the risks. The warnings required include the most serious boxed warnings available.

Two clinical trials have shown that among patients taking canagliflozin, they experienced leg and foot amputations about twice as often as in patients who took a placebo. The most common amputations were amputations of the toes and the middle of the foot, but more serious amputations also occurred. Some patients had multiple amputations when taking the drug.

Canagliflozin is designed to lower blood sugar levels in adults with type 2 diabetes. It is supposed to be used in conjunction with diet and exercise. It is currently unclear why the drug causes an increased risk of amputation. Patients who take canagliflozin should notify their doctors immediately if they develop new pain, sores, ulcers, or infections in their legs and feet, as it may be possible to take steps to prevent an amputation.

If you or a loved one has taken canagliflozin, and you experienced an amputation, you should speak with an attorney. You may be entitled to compensation from the drug’s manufacturer. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I can help. I am also an amputee, as well as a personal injury attorney, and I will help fight for the compensation to which you are entitled.

I ate some raw shellfish I bought at a grocery store and ended up with a bacterial infection that resulted in a leg amputation. Can I sue the store?

I’m so sorry to hear about your amputation. What happened to you is very rare, but does happen on occasion. Raw shellfish can contain bacteria, which in unusual cases can cause a bacterial infection in the individual consuming the shellfish. In a small percentage of cases involving bacterial infections, the infection is resistant to drugs, and the victim may have to undergo an amputation to prevent the infection from spreading.

In order to recover in any negligence case, the plaintiff must prove that the defendant breached a duty that was owed to him or her, and that harm resulted as a result. Clearly in this situation, there was harm to the victim, but it must also be shown that a duty was breached. If the shellfish were improperly handled, were purchased from a questionable source, or were clearly rotten at the time the grocery store sold them, the grocery store likely breached its duty. That may be a tough hurdle to overcome, but it is possible.

As an amputee, if you can prove liability, you should be able to prove a large amount of damages. Some potential damages could include past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. If the amputation has caused you to be unable to work at your job, you may be entitled to payments for your disability as well.

As an amputee myself as well as a personal injury attorney, I enjoy helping clients pursue compensation against parties that have wronged them. Call me, Conal Doyle, amputation attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

My loved one had an amputation in prison after he was not correctly diagnosed and treated. What are my legal options?

I’m sorry to hear about your loved one’s treatment in prison. Just because a person is in prison does not mean that they lose the right to proper medical treatment. When a prisoner is ill or suffers an injury, they deserve the same medical treatment as any other individual, and if they do not receive it the negligent parties can be held liable.

If a prisoner receives improper medical treatment, the law recognizes several possible causes of action. First, prisoners are protected under the Constitution from cruel and unusual treatment. Normally, in order to win on a claim of cruel and unusual treatment, prisoners must show that actions were taken or not taken, that were sufficiently harmful to show a deliberate indifference to serious medical needs. In other words, it must be shown that prison guards or prison doctors intentionally denied or delayed access to medical care, or intentionally interfered with treatment.

Prisoners can also bring medical malpractice claims in court against the prison or the prison doctor. This often requires expert witnesses who can review the medical care given and determine if it was appropriate. In some cases, it may be necessary to file an administrative complaint before the case goes to court.

If you or a loved one has become an amputee because of medical malpractice, call me, Conal Doyle, Amputation Attorney Conal Doyle at 310-385-0567. Call today to learn more or to schedule a free consultation.