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Minneapolis Amputation Lawyers
The loss of a limb is an event that changes a person’s life. It forces the victim to readjust and relearn how to perform the most basic everyday tasks in a different way. It presents great challenges physically and emotionally. Often, an amputee will no longer be able to perform his or her previous occupation. When an amputation was caused by the negligence of someone else, the victim deserves compensation.
The Minnesota Amputation Lawyers at Goldenberg Lauricella, PLLC are here to support you through the litigation process with strong, compassionate legal representation. We have been handling amputation lawsuits for over 38 years and have successfully litigated many complex amputation cases. An amputation injury lawyer from our team will fight for the compensation you deserve in the aftermath of losing a limb due to another party’s negligence.
Do I Have An Amputation Injury Lawsuit?
Amputations are almost always medically necessary and are performed to save the life of the patient. Reasons for amputations can range from trauma to infection and illness. Some amputations are performed to treat injuries caused by the negligence of others and meet the threshold for a successful amputation injury lawsuit. Examples of amputations that may meet the threshold to pursue an amputation lawsuit include:
- Amputations due to injuries sustained in a car accident
- Amputations from a saw, hammer, nail gun, or other household tool
- Amputations due to farming accidents
- Amputations caused by defective or unsafe industrial machinery
- Amputations caused by defective medical devices
- Amputations after receiving improper medical care
Amputations From Car Accident Injuries
Serious car accidents often cause traumatic injuries. Approximately 45 percent of amputations are due to traumatic injury. However, not all of these amputations are from car accidents. Other traumatic injuries included in this statistic include combat injuries, gunshot wounds, and crush or burn injuries.
Amputations can become necessary after a car accident if an individual suffers significant trauma to part of their body. This could include having a limb, finger, or toe partially torn off, crushed, or badly burned to the point it cannot be salvaged. Amputations from car accident injuries often occur in the immediate aftermath of the accident while doctors are trying to stabilize the patients’ injuries.
If you have suffered an amputation after a car accident, you may have an amputation injury lawsuit if the other driver was at fault.
Table Saw Amputations
More than 10 Americans suffer amputations every day due to table saw injuries. The most frequently amputated body parts from table saw injuries are hands and fingers.
However, there are increasingly effective technologies available to prevent table saw amputations. SawStop technology uses an electrical signal to sense when skin touches the blade. When the blade senses skin, the saw comes to a stop and drops beneath the table to prevent serious injury. Users may experience a small cut but the technologies helps prevent amputations. Despite its proven effectiveness, many table saw manufacturers have refused to incorporate flesh detection technology similar to SawStop in their products. This leaves most table saw users vulnerable to amputation risk.
The table saw is by far the most dangerous household tool and is harmful for both novices and experienced users. Even some students in school workshops report table saw-related injuries every year. By the time a user realizes their skin has contacted the table saw blade, it is too late.
If you have suffered a table saw amputation after using a table saw that does not incorporate flesh detection technology, contact the Minnesota Amputation Injury Lawyers at Goldenberg Lauricella, PLLC. You may have a claim against the manufacturer.
Saw and Household Tool Amputations
Amputations can also occur from injuries suffered from using common household tools such as circular saws, lawnmowers, snowblowers, hammers, nail guns, and heavy machines like a portable generator. The most common body parts injured by household tools are fingers. The key to bringing a successful household tool amputation injury lawsuit is to determine whether the product that caused the injury is defective. If you suffer an amputation after sticking your hand close to a lawnmower blade or snowblower auger, it would be difficult to bring a case. Any time a tool injury occurs due to the user’s own negligence – including improperly modifying a product against the manufacturers instructions – the possibility of bringing a successful case greatly diminishes.
However, if the tool you were using malfunctioned and caused you to suffer an amputation, you may have a viable amputation lawsuit claim. Sadly, we see this often with power saws that are not equipped with proper safety guards. A safety guard protects the operator’s fingers from the saw blade. Safety guards are inexpensive ways to make household saws safer but sadly many manufacturers do not include them with their products.
Another recent example is finger amputations caused by a defective handle on Generac generators. The handle did not have a locking mechanism that separated the handle from the generator, so some users suffered crush injuries when the weight of the generator pinched fingers to the generator frame. The Consumer Product Safety Commission recently fined Generac $15.8 million for failing to report the amputations related to its generators in a timely manner. Manufacturers of heavy machinery such as generators must allow consumers to use and transport the product in a safe manner that avoids crush injuries that can lead to amputations. If you have suffered an amputation due to a defective saw or heavy duty household tool, you may be eligible to file an amputation injury lawsuit.
You may also have an amputation injury lawsuit if you were injured by another individual improperly using a household tool. When using a tool around other people, the operator must ensure the area is safe and any bystanders are free of hazards – including shrapnel or falling pieces such as tree limbs that the tool is operating on. This would be categorized as a premise liability claim and not a defective product claim.
Amputations After Farming Accidents
Farming accidents are another common cause of amputations. As a matter of fact, 11 percent of farming accidents involve amputations and 1 out of 10 farm workers suffer an amputation injury in their career. About 26 percent of farm accidents involve injuries to the fingers or hands. Farming amputation injuries often occur due to inadequate safety features on farming equipment such as augers, combine headers, and grain bins. Farm equipment manufacturers have a duty to design safe products that account for potential injuries. Sadly, many farms still use dangerous equipment that lack proper safety features, and some farms do not follow proper safety regulations even if their equipment does have proper safety features.
The Occupational Safety and Health Administration (OSHA) recently fined an Illinois grain company nearly $630,000 after one its employees fell through an unguarded hole in a grain bin and suffered a partial leg amputation. OSHA says the injury occurred because the company failed to cover the holes leading to the conveyer and did not utilize guardrails or travel system restraints to keep the workers from falling through the unguarded holes.
Other farm amputation injuries can occur through:
- Tractor Accidents – Injuries from tractor accidents account for the most farming-related deaths in the US. Tractors tipping and pinning operators is the most common among these accidents and those injuries can often lead to amputations. Other tractor accidents can involve collisions with other tractors, cars, other workers or pedestrians, and operators falling off while the tractor is moving.
- Crush injuries – Operators and other workers being pinned by heavy equipment such as tractors, recreational vehicles, trailers, and other moving machinery can cause injuries that require amputation. When a heavy piece of equipment crushes an arm or leg and the injury leaves the limb badly mangled, amputation is often the only option for treatment.
- Entanglement Injuries – Loose clothing, shoe strings, gloves, or hair caught in heavy machinery such as augers, corn pickers, and balers can lead to amputation or death. Other entanglement injuries that lead to amputation can involve moving belts, chains, and gears.
- Electrocution Injuries – Farm electrocutions often occur due to contact with overhead power lines. Large tractors and other equipment can become a serious electrical hazard if they come in contact with power lines. Workers can be seriously injured or die if they contact the ground and equipment touching an overhead wire at the same time. By doing so, they create an electrical channel and risk electrocution. Electrocution-related amputations can occur if the injury damages a finger or limb beyond repair.
- Burn Injuries – Farm workers are exposed to many dangerous chemicals that are fire risks or cause serious injuries if they contact the skin. These chemicals can include dangerous pesticides and herbicides, chemical cleaning solvents, fuels, and other agrichemicals. Amputations can occur after severe burn injuries cause significant damage to fingers, limbs, or other parts of the body.
- Infection – Farm labor comes with increased risk of infection – from machine injuries, animals, and fellow farm workers. A common cause of farm-related infection amputation is injuries suffered from unsanitary machines. If a worker suffers an open wound from a dirty machine, it can be prone to infection if not treated properly. Infections can lead to amputation if doctors are not able to control the spread of the infection and have no choice but the remove the affected body part.
Free Amputation Lawsuit Consultations
Farm-related amputation injuries are life changing. In most cases, the worker is no longer able to return to previous duties due to the amputation injuries. If you or a loved one has suffered a farm-related amputation due to defective or unsafe machinery, farm equipment, or due chemical exposure, contact the Minnesota Amputation Injury Lawyers at Goldenberg Lauricella for a free consultation.
Industrial Machine Amputations
Catastrophic injuries such as amputations are always a risk when working with industrial machinery. Saw injuries and crush injuries are two common injuries suffered from industrial machinery that can lead to amputations.
Industrial saw amputations can occur at sawmills and wood processing facilities. These injuries can be caused by saws that lack proper guards or other safety equipment that protect workers. Along with inexperience and improper training, OSHA lists lack of proper guarding as the main cause of the saw-related injuries.
For many industrial saw workers, proper safeguarding can be the difference between life death. OSHA regulations require machine guarding, saying:
Moving machine parts have the potential to cause severe workplace injuries, such as crushed fingers or hands, amputations, burns, or blindness. Safeguards are essential for protecting workers from these preventable injuries. Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injure the operator or others in the vicinity, the hazards must be eliminated or controlled.
OSHA
Crush injuries can occur when heavy machinery such as power presses, hydraulic presses, and plastics machinery lack proper guarding. The point of operation is typically the most hazardous part of these machines, with workers placing hands and fingers close to high pressure areas. Without proper guarding of these machines, fingers, hands, and other body parts can be exposed to high pressure and can be crushed.
The Amputation Injury Lawyers at Goldenberg Lauricella have successfully represented individuals who have suffered amputations due to defective or unguarded industrial machinery. If you or a loved on has suffered an amputation due to an unguarded saw or heavy machine, you may have an amputation injury lawsuit. Talk with a lawyer today.
Amputations From Medical Devices
Amputations from defective medical device injuries typically occur when the device malfunction causes a serious infection. Medical devices that are linked to dangerous infections include:
- Bair Hugger Forced Air Warming Blanket – The Bair Hugger is a device used during surgeries to keep patients warm. It has been linked to antibiotic resistant infections that can result in amputation and even death.
- Defective Hip Replacements – Metal on metal hip replacements have been linked to metal poisoning of the blood (metallosis). Metallosis typically impacts the tissue immediately around the implant and can cause tissue death and implant loosening. Hip replacement implants can also worsen serious infections if the product is implanted with a harmful bacteria or if the patient is exposed to bacteria through a cut or dental procedure after the implant. The immune system has a difficult time combating an infection that makes it to a hip implant because the device is typically made of metal or plastic. Most hip replacement infections do not lead to amputations if the patient receives proper treatment.
- Hernia Mesh – Hernia mesh implants are linked to a high failure rates due to migration or the body rejecting the implant. When hernia mesh migrates it can adhere to or perforate essential organs such as the bowel. Perforation of the bowel exposes the body to a host of bacteria that can cause serious infections. Typically, hernia mesh-related infections are limited to the gastrointestinal tract but if left untreated could spread to other parts of the body.
Goldenberg Lauricella has extensive experience litigating medical device cases where a patient contracts a serious infection from a device defect. Our Minnesota Infection Amputation Injury Attorneys have the experience you need to obtain compensation for your injuries from the medical device manufacturer. Call 1-800-903-1643 today for a free medical device amputation injury lawsuit consultation.
Amputations From Medical Malpractice
Medical malpractice occurs when medical providers fail to provide the proper standard of care when treating patients and an injury occurs. Medical malpractice can involve misdiagnoses, improper treatment of injuries, under or over-prescription of medications, using the wrong medical devices, and surgical errors. It is important to clarify that not every injury suffered while under medical care is malpractice. Medical providers have incredibly difficult jobs and even the most proper medical care does not guarantee a healthy outcome.
However, when a medical provider fails to adhere to the standard of care and an amputation occurs because of it, the patient who suffered the amputation may have a medical malpractice claim. Amputations can become medically necessary when the blood supply to a certain party of the body decreases to a critical point that leads to tissue death. This condition is known as gangrene. Medical malpractice resulting in amputations can involve misdiagnosing or failing to diagnose an infection or blood clot that impacts the blood flow to a part of the body and causes tissue death.
- If the medical provider fails to run proper testing that could have identified a blood clot, the clot can continue to grow and cut off blood flow to certain parts of the body. As the clot grows, the lack of blood flow can lead to tissue death and ultimately make an amputation necessary.
- If the medical provider fails to run proper testing that could have identified an infection, the infection can continue to spread and impact other part of the body. The uncontrolled spread of bacteria from the infection can overwhelm the bloodstream and lead to gangrene in appendages.
Another example of medical malpractice causing amputation is surgical error. If a patient undergoes surgery that does not involve amputation, there is a reasonable expectation that an amputation should not occur unless medically necessary. If an amputation becomes necessary to save the patient from an issue caused by surgical error, the patient may have an amputation medical malpractice claim.
If you or a loved one has suffered an amputation due to improper medical care, contact our lawyers today. Goldenberg Lauricella has been representing victims of medical malpractice amputations for nearly four decades. We understand the complexity of medical malpractice cases and have the winning formula for bringing successful malpractice claims. Contact us today for your free amputation medical malpractice consultation.
Amputation Injury Legal Representation
If you have suffered the loss of a limb because someone else was negligent or acted carelessly, an amputation lawyer from our team can help you recover the financial compensation you are owed. This compensation can help you cover the costs of amputation surgeries on your foot, leg hand, arm, finger, or toe. Even if your doctor can reattach your limb or fit you with a prosthetic, you may still be owed compensation for the loss of your limb or the loss of mobility or dexterity that you previously had.
An amputation is one of the most life-altering things you can experience, whether it was due to medical malpractice, a dog bite, car or motorcycle accident, or another incident.
You can trust our team to help you obtain all the compensation you deserve for your physical loss, pain, and suffering. Whether you need a machine amputation lawyer or any other type of amputation attorney, we are here for you.
Contact an Amputation Injury Attorney in Minneapolis, Minnesota
To learn more about the amputation injury representation services we offer in Minneapolis, MN and the surrounding areas, give us a call today at 800.903.1643 or send us a message through our contact form.
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Our experience speaks for itself. We have been handling amputation cases for over 38 years and have recovered tens of millions of dollars for clients who have suffered amputations. We understand the complexity of amputation injuries and the devastating impact they have on people’s lives.
Hiring an amputation injury attorney at Goldenberg Lauricella to investigate your case does not involve any upfront costs. We operate on a contingency fee agreement, which means we are only paid our fee and reimbursed for our costs if we are successful.
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