Validating a Previously Rejected Claim
Background:
A 55-year-old auto mechanic was developing discomfort in his legs. His primary care physician referred him to a vascular surgeon.
Ultrasounds showed no blockage of the veins or arteries. But instead of prescribing medications or exercise, the vascular surgeon scheduled the patient for angioplasty, atherectomy and stenting of the femoral artery.
The patient’s stent became occluded and repeated attempts to correct the situation further cut off blood flow to the lower leg. The treating vascular surgeon failed to consider a bypass surgery and the patient had to undergo above-the-knee amputation of his leg. Despite being advised by a prior law firm that he had no claim, the patient came to Hyatt & Weber for justice.
Approach:
Partner Paul Weber sought a review of the case history from a board-certified thoracic surgeon. That review revealed the stenting was unnecessary in light of the patient’s minimal symptoms and lack of blockage of the vessel. In addition, it was discovered that the stenting was inserted in close proximity to the back of the knee, which was in violation of the standard of care as such placement of the stent leads to crimping and occlusion.
Results:
As a result of securing the expert’s evaluation, it was revealed that negligent care led to the amputation. Hyatt & Weber obtained a resolution of the patient’s claim for the full policy limits available to the vascular surgeon.
