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Bronx Personal Injury & Real Estate Blog

Thursday, June 25, 2020

Tonsillectomy Complications Leads to Leg Amputation and Lawsuit

Q: Can I sue for medical malpractice over tonsillectomy complications?

When you take your child to the hospital for a tonsillectomy, you expect things to go smoothly, to come home the same day, to feed them a diet of ice cream and see them running around like nothing happened in a day or two. You don’t expect you will need to consult a New York City personal injury attorney. And you never imagine your child would need their leg amputated.

What is medical malpractice?

Medical malpractice falls under the umbrella of personal injury law and may be appropriate where a patient suffers a serious personal injury or dies as a result of the negligent, reckless, or intentional actions or inactions of another person or entity. Medical malpractice happens when a serious injury results from medical treatment that “deviates from accepted standards of practice”. Defendants in a personal injury action may include doctors, surgeons, nurses, any other healthcare professionals, and the hospital involved.

A medical malpractice suit followed complications during and after a five-year-old boy underwent a tonsillectomy and adenoid removal operation. During the surgery, the boy reportedly needed to be resuscitated and those efforts required “multiple punctures in both femoral arteries”, post-surgical sedation, a ventilator, and time in the pediatric intensive care unit.

Despite reportedly knowing the arterial punctures could pose a blood clot risk, doctors and nurses allegedly failed to properly monitor the boy’s circulation and dismissed the parents’ repeated concerns about his feet and legs becoming progressively colder and bluer-- until it was “too late to save his right leg”.

The personal injury lawsuit claimed they “failed to recognize the signs of acute compartment syndrome [ACS], where the risk of loss of limb increases as time passes without treatment”. In this case 12 hours had passed before ACS was detected, causing amputation of one leg, one toe on the other foot, and post-traumatic stress disorder and separation anxiety, according to the suit. The case was reportedly settled for $12.5 million.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice, the personal injury and wrongful death experts at the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims throughout New York City and New York State, as well as those injured while visiting New York.


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