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The Law & You

I Had an Untreated Blood Clot in My Foot. Now it May Be Amputated. Can I Sue?

The Law & You
August 5, 2017

The Law and You

I Had an Untreated Blood Clot in My Foot. Now it May Be Amputated. Can I Sue?

Medical malpractice lawyers Ed Ciarimboli and Harry P. McGrath, Jr. answer a question from a concerned viewer. She went to the emergency room recently for what she believed to be a broken foot. However, it turned out there was a blood clot and nothing was done to relieve the situation. Now her foot may have to be amputated. Does she have a medical malpractice claim on her hands?

Dave Kuharchik: We’re talking tonight about an incident at the ER. It is “The Law & You” here on the Eyewitness News and back with us tonight attorneys Harry McGrath, who’s here for Greg, and Ed Ciarimboli. Thanks for being here today.

Ed Ciarimboli: Thank you. Did you have a good holiday week so far?

Dave: Yeah. I can’t complain at all, you guys?

Ed: Looking forward to the weekend.

Harry McGrath: It’s been great so far.

Dave: That’s the one good thing about the holiday in the middle of the week with the weekend not too far away. Let’s get into the question for tonight and this one’s from Nancy in Nanticoke. Nancy says, “I was at the ER recently for what I thought was a broken foot. It turns out I had a blood clot. Nothing was done and now my foot may be amputated. What do I need to do to pursue a case?” She should probably start with obtaining medical records.

Ed: You’re gonna have to get your medical records from the ER because of the blood clot; You probably have some underline medical condition that you’re going to need to understand how that impacted this decision or lack of the decision at the ER. Not only get your records from the ER but make sure you get your records from the family doctor and any other doctors you’ve been treating with for this particular type of condition leading up to the visit to the ER. Then you’re going to need to talk to a lawyer;They’re going to need to analyze it and go through it. They’ll get the records out to an expert and make an indication on whether you can move forward on a case like this. Harry, what’s the first thing they should do after they get their records?

Harry: Once you’ve obtained the records, you need to -as Ed said- get in touch with a lawyer; Make them available to the lawyer and then there’s going to be a period of time where there’s going to have to be a review of the records by experienced lawyers and experienced medical experts to determine if there was actually a mistake being made. The most important thing you can do is get their records, make the request, and make sure you get the entire medical chart from the providers so the right decision can be made about your case.

Ed: You’ve got to fight like heck to get those records. Even if they tell you you can’t have them, you have every right for them, don’t take no for an answer.

Dave: Sound advice once again. Results matter with attorneys Harry McGrath and Ed Ciarimboli. You can call them, you can check them out online for help. Guys, thanks we’ll see you next time.

Harry: You got it, Dave.

Dave: and “The Law & You” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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