It depends on the situation. In most cases, a person has the right to make his or her own healthcare decisions.
This may include refusing treatment, such as amputation or pursuing experimental treatments. If a hospital or doctor goes against your wishes, you may have a personal injury case against the medical professional.
However, there are exceptions. If there was a medical emergency and you were not able to give consent, a doctor or hospital generally has the right to take whatever life-saving emergency measures were necessary, which may include amputation.
Minors or individuals who have been declared to be legally incompetent generally don’t have the right to make health care decisions.
Also, if you have executed documents giving someone else the legal right to make health care decisions for you in the event you can’t make them for yourself, then generally they are legally authorized to consent to treatment for you if you are unable to consent yourself.
As you can see, the facts of your particular situation will dictate whether or not you have a legal case you can pursue against the doctor or the hospital for your health care situation.
If the limb was amputated without your consent, and no special exception applied, you may have a good case against the doctor or the hospital.
You may be able to recover money for your pain and suffering, both physical and emotional, your medical expenses, any lost wages or permanent disability, and more.
Call Amputation Attorney Conal Doyle at 310-385-0567 to discuss your situation further.
I am an attorney who specializes in amputation-related legal matters, such as personal injury cases and medical malpractice cases.
I look forward to discussing your potential medical malpractice or personal injury case with you.