I am an amputee and my doctor has recommended osseointegration. Will my insurance company cover that?

Whether or not your insurance company will cover osseointegration is unclear, but it is possible it could be labeled an “experimental procedure” and coverage could be denied. Osseointegration is an implant that attaches to the bone in a residual limb, and goes through the skin. The implant takes the place of a socket, and it is intended to be used by the amputee for the remainder of his or her life.

Most amputees with prostheses use sockets. However, there are a number of issues with a socket, including problems with skin breakdown, pain, and other issues. Osseointegration can help with many of those issues, and has become more common across the world. Currently, osseointegration is only used with nonvascular amputations, such as those that occurred due to trauma or sarcoma.

The FDA is conducting clinical trials right now to find out if osseointegration is safe, and if it is a good alternative to using a socket. The FDA has approved the use of osseointegration, but only in limited circumstances until further studies are done. Osseointegration is being done currently in a number of other countries. Australia is currently leading the world in osseointegrations.

Because the FDA has only approved osseointegrations in limited circumstances, it is likely your insurance company would deny any payment for that type of procedure. However, if you believe that your insurance company is denying charges related to your amputation in bad faith, you may wish to speak with an attorney. Call me, Amputation Attorney Conal Doyle at 310-385-0567. I am an amputee as well as a personal injury attorney. Call today to learn more or to schedule a free consultation.

My arm was amputated after a boating accident. Can I sue the boat’s operator?

I’m sorry to hear about your amputated arm. In order to sue the boat’s operator, you must be able to prove that the injuries were caused by the boat operator’s negligence. By law, a boat’s driver must use reasonable care in driving a boat with passengers onboard. If the operator drives recklessly, uses alcohol while driving, or fails to take necessary precautions, and a person on the boat is harmed, that person can make a legal claim against the operator.

If more than one boat is involved, it is possible that both boat operators could be held legally responsible. If the accident is caused because of a collision between two boats, both operators may be partially responsible. In some cases, an accident may be caused by a boat making contact with a large wave or wake that rocks the vessel. The boat operator may be responsible, or if the wake occurred in a “no wake” zone, the other boat driver could be held liable. There are a number of other potential causes of boat accidents, including colliding with objects or land, or failing to provide property safety equipment.

Regardless of the causes of your boating accident, you have probably incurred significant medical expenses, pain and suffering, and mental and emotional trauma as a result of the accident. You may be unable to work, and could face huge expenses in obtaining a prosthesis.

If you have suffered an amputation because of a boating accident, call me, Conal Doyle, Amputation Lawyer Conal Doyle at 310-385-0567. I am not only a personal injury attorney, I am also an amputee. Call today to learn more or to schedule a free consultation on your case.

My prosthetist told me that my doctor will not give any notes for my prosthesis and they cannot finish it for insurance reasons. What are my legal options?

Dealing with doctors, insurance companies, and medical suppliers can be very frustrating for amputees. There is a big problem with insurance coverage and prostheses, which can lead to problems for the patient. The problem began in 2011, when Medicare issued a letter to doctors which outlined the documentation requirements that must be documented by the doctor for the prosthetic limb to be covered under Medicare. If a doctor’s medical records, prescription, prothestist’s notes, treatment plan, and the prosthetic delivery do not match, Medicare will likely refuse payment to the prosthetist.

Unfortunately, doctors are not prosthetists and do not understand the nuances of what must be written in the prescription. Generally, the prescription must demonstrate that the prosthetic arm or leg was reasonable and necessary.

If there is an audit, Medicare may request medical records for patients from the prosthetists. The prosthetic clinic must have the medical records showing the patient’s current functional capabilities and the expected functional potential. The prosthetic clinic is responsible for providing the correct documentation from the doctor. If the clinic does not have the notes, the clinic may refuse to give you the prosthetic until getting the proper notes, or give you a less-expensive prosthetic, which could take less justification, or provide the service to you anyway and hope there is no audit.

If you are an amputee and you are stuck in a battle with your insurance company, call me, Amputation Attorney Conal Doyle at 310-385-0567. I am also an amputee, and I enjoy helping other amputees fight insurance companies that are acting in bad faith. Call today to learn more.

What is rotationplasty? Does my insurance company have to cover my prosthesis if I have a rotationplasty?

Rotationplasty is one alternative available to some amputees who must have an above-knee amputation. The technical name for this procedure is a Van Nes rotationplasty. The procedure preserves the working knee joint and offers many above-knee amputees the same function as below-knee amputees. Rotationplasty surgeries have been performed for 60 years, but some consider them controversial.

In a rotationplasty, a patient’s knee is cut out, and the lower part of the leg is rotated and reattached so that the ankle takes the place of the knee. The limb becomes a functioning shortened leg. There are a number of issues with the surgery. It can be difficult to perform, and may require later surgeries to correct. The bigger controversy is whether it is necessary. Many feel that it looks bad and offers the patient few long-term benefits. Many critics point out that if the procedure is successful, the patient is left with a shortened leg and a foot that faces backwards. However, it offers huge benefits, such as the fact that most rotationplasty patients do not have phantom limb pain. Also, most rotationplasty patients can bear weight normally on the foot.

Rotationplasty patients use prostheses, which can be more difficult to fit given the nature of the procedure. Some patients who undergo rotationplasty surgery are told by their insurance company that the prosthetic is not covered if a rotationplasty is performed. In many cases, covering the cost of a prosthesis for a person who has had rotationplasty performed is actually less expensive than a person who needs a prosthesis with a knee joint.

If you believe that your insurance company is acting in bad faith in refusing to pay for your prosthesis, call me, Amputation Attorney Conal Doyle at 310-385-0567. I am an amputee and I enjoy helping other amputees receive the benefits to which they are entitled. Call today to learn more or to schedule a consultation.

I had a finger amputated by a piece of furniture. Can I sue for damages?

I’m very sorry to hear about your finger. Thousands of people every year lose fingers or toes due to consumer products. In some cases, those amputations are caused because people misuse the products. In other cases, the product is inherently unsafe and poses a danger to consumers and should be recalled. Recently, Ikea recalled more than 33,000 beach chairs after receiving reports of injuries related to the chairs. In six cases, the users suffered finger amputations.

If you have suffered a finger amputation because of a defective consumer product, you may be able to sue the company for damages. Companies who manufacture products for sale to the public have a duty to ensure that those products are safe. If a product is unsafe and a consumer is harmed, the manufacturer has a duty to compensate the consumer for his or her losses.

Amputations are painful and traumatic. Victims may have a hard time adjusting to their lives after the amputation. With a finger amputation, if the victim worked a great deal with his or her hands, it can be difficult to adjust to life without the finger. In addition, the victim may experience emotional pain and suffering and medical expenses after the amputation.

If you have suffered an amputation as a result of a defective consumer product, call me, Amputation Lawyer Conal Doyle at 310-385-0567. I am an amputee and I enjoy working with other amputees to ensure that they receive the compensation to which they are entitled. Call today to learn more or to schedule a free consultation.

I am having a lot of issues with my leg and it may need to be amputated. Should I keep trying to save it or have it amputated right away?

I am not a medical doctor and am not qualified to give medical advice, although I am an amputee. Making decisions about when to stop saving a limb can be extremely difficult. There is always the hope that the limb can possibly be salvaged and the fear about living the rest of your life as an amputee.

A study from the VA and the Naval Health Research Center looked at a group of wartime amputees. They examined the medical records of 625 troops with severe lower limb injuries between 2001 and 2008. The study found that the group who had their legs amputated right away seemed to do better than those who waited or who had reconstructive surgery. The study found that those vets had lower rates of infection as well as post-traumatic stress disorder.

The study does not examine the reasons why people who have their legs amputated right away do best, although experts say that those veterans may have psychological benefits, including a certain outcome and not being forced to wait for a decision. However, the study did find that all amputees had a relatively high level of PTSD.

If you are possibly facing an amputation, talk with your doctor about your options for saving your limb, and get a second opinion. As part of the process, remember that you have legal rights as well. You may be able to pursue a civil case related to your amputation if it was caused by the negligence of another party.

Call me, Amputation Attorney Conal Doyle at 310-385-0567. I can help. Call to learn more or to schedule a free consultation. I am also an amputee and can help you get the compensation you deserve.

I am an amputee with phantom limb pain. Will mirror therapy help prevent it? Will my insurance pay for that?

When a person loses a limb, he or she may experience phantom pain or phantom sensation that feels as if it is coming from the missing limb. According to experts, almost everyone experiences phantom sensations after losing a limb. About 85 to 95 percent of amputees report phantom pain after losing the limb.

Amputees report a variety of phantom feelings after losing the limb. It may feel as if it is frozen into position. The feeling may be burning, itching, tingling, or even an electric shock sensation. Some amputees even report feeling that the limb is shrinking inward and disappearing. Fortunately, most amputees suffer only phantom sensations and not phantom pain. Some amputees report the feelings as pleasant, because they remind them of the lost limb. Others, however, experience intense discomfort because of phantom pain.

There are a number of ways to treat phantom pain, some of which involve retraining the brain. One such type of therapy is mirror therapy, in which a mirror is placed between the intact limb and the amputated limb. The amputee then spends time each day looking at the limbs in the mirror to rewire the brain. Another type of therapy called peripheral nerve stimulation can be helpful for some amputees. Peripheral nerve stimulation involves an electrical device that is permanently placed along a nerve, which sends rapid-frequency currents to diminish phantom pain.

Although there are a number of techniques to help rid patients of phantom pain, some insurance companies will not cover them. They may label them as “experimental” or “not medically necessary” in order to avoid payment. If you are an amputee and you believe your insurance company is acting in bad faith, call me, Conal Doyle, Amputation Attorney at 310-385-0567. I am also an amputee, and I can help you fight for the coverage you deserve. Call today to learn more or to schedule a free consultation.

I had an amputation because of strep throat. Can I sue my health care providers?

I’m very sorry to hear about your amputation. Several stories have made national news lately related to people losing their limbs due to a rare strain of strep throat. According to experts, there are a few hundred cases every year of a particular strain of strep throat, which can cause limb loss and even death. The rare type of strep throat is not contagious, and and some people catch it through their respiratory system of their skin. Strep throat is a bacterial infection, and that particular strain is very hard to detect.

In one recent case in which a man lost his fingers and toes due to strep throat, the man developed flu-like symptoms and stomach pain. He went to an urgent care clinic, which did a strep test and a flu test, both of which were negative. His pain continued to get worse, and we went to the emergency room. Doctors decided to do exploratory surgery, and finally discovered he had a strep infection. The man went into shock and his organs shut down. The doctors were able to save his life, although he lost his fingers and toes.

According to experts, these types of infections are very rare, but if a person very quickly begins to feel unwell from a sore throat, he or she should seek immediate medical attention. It can be difficult in these cases to determine whether or not medical professionals are responsible when the strep throat is not quickly diagnosed, leading to amputation. In some cases, medical professionals may overlook the obvious. However, typically these forms of strep throat are extremely rare and may not appear on a strep test.

If you have suffered an amputation because of strep throat, call me, Conal Doyle, Amputation Lawyer at 310-385-0567. I am also an amputee as well as an attorney, and I work with other amputees to ensure they get the compensation to which they are entitled. Call me today to learn more or to schedule a free consultation on your case.