How can a Diabetes and stroke patient not have her legs checked for circulation. Now is dying from gang green.

My diabetic Mother fell in the house on the 2/25. Was admitted to the hospital by her primary doctor 2/26 where he ( primary doctor) ordered a cat scan. It revealed a cancer in her lungs and a brain tumor. He recommended surgery to remove the tumor. 3/1 The tumor is removed . Due to the surgery it resulted in my mother having a stroke on the right side of her body. She was extremely coherent 2 days after surgery. On 3/8 She was transfered to a Rehabilitation home. On 3/9 while visiting her ,my wife noticed that my mothers toe nails where black. informed the RN she told us it was swollen. From 3/11 to 3/14 she was Heavily medicated . 3/19 she was given a biopsy. 3/20 was told her right foot had to be amputated because of gang green to her knee. She originally went in for her legs!

Union City, NJ -

Attorney Answers (6)

Michael David Lindner Jr

Michael David Lindner Jr

Medical Malpractice Attorney - Pitman, NJ
Answered

There are numerous complicating factors in medical treatment, but when someone has such a dramatic bad result, it compels you to investigate it further with the assistance of a competent and experienced medical negligence attorney, who will obtain all the records and have them reviewed by a qualified expert. From your fact pattern, it does appear as if this result could and should have been avoided by appropriate care.

Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a... more
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Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

Her medical records would need to be ordered and sent to an expert to review to ascertain whether there was a breach of the standard of care.

George Costas Andriotis

George Costas Andriotis

Personal Injury Lawyer - Tarpon Springs, FL
Answered

It appears that you have a claim. Consult a medical malpractice attorney to review the records and advise you if the standard of care was breached.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Michael A Ferrara Jr

Michael A Ferrara Jr

Medical Malpractice Attorney - Cherry Hill, NJ
Answered

I am so sorry to learn what happened to your mom. Begin to keep a diary of what happened and who said what to whom. Also, get her to a major medical center. Our nurse can call you to get details if you'd like.

Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
John Joseph Ratkowitz

John Joseph Ratkowitz

Medical Malpractice Attorney - Roseland, NJ
Answered

Without knowing the exact cause of the gangrene, it is hard to tell you whether you have a case worth investigating. Clearly, you would expect an arterial insufficiency to be noticed prior to toes turning black when a patient is under active medical care.

The problem you will have finding a lawyer is that your mother's advance age, along with her underlying health issues, make it unlikely that her claim is economically viable. There are articles linked at the end of this answer that explain that concept.

While cases against rehabilitation facilities can sometimes be economically viable when standard malpractice cases are not because those cases allow for fee shifting, it is very likely that the gangrene started prior to the admission to the rehabilitation facility, since she arrived there on 3/8 and you discovered "black toes" the day after.

It is rare and admirable that the attending doctor advised you that he dropped the ball by failing to examine the extremities, but depending when those examinations took place, the doctor may have a proximate cause defense to a claim.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing... more
Jennifer L. Ellis

Jennifer L. Ellis

Personal Injury Lawyer - Philadelphia, PA
Answered

I am very sorry your mother, and you, are going through this. First, of course, is to make sure your mother is now being properly treated. Second, you should contact a medical malpractice attorney. Bring your mom's medical records, and ask the attorney to review them and help you determine whether you have a case. I would look for someone who handles not only medical malpractice, but nursing home negligence.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security... more

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