Plaintiff & Defense
Plaintiff
In cases where I represent the plaintiff, my primary job is to project how much it will cost to provide prosthetic care for the balance of the amputee's life expectancy. This requires a Prosthetic Needs Analysis which uses a custom program to give a year by year breakdown of the prosthetic costs. The analysis includes soft goods, maintenance and can also be used as a tool to assist the legal team in structuring a settlement that provides for the amputee. The Analysis is conducted using medical records, interviews, and often times an Independent Medical Examination.In order to begin, I will need a signed contract, a retainer of $3000, and the plaintiff's records. There is a checklist of useful information that I require as well as all medical records, especially any prosthetic records. In addition to the medical information, I need deposition testimonies, photos, and any other pertinent information that will assist in determining activity level.
I also generally interview the plaintiff, family members, as well as the attending prosthetist and other allied health professionals who have experience working with the plaintiff. This information helps me to determine the expected life style of the amputee.
Defense
When representing the defense, I generally project the needs of the amputee by producing a needs analysis. Before beginning; I need a signed contract, a $3000 retainer, and the plaintiff's records. The checklist (see the sixth tab of the Consulting Section) needs to be completed and I will require all medical, prosthetic, and physical therapy records. If any depositions have been taken, please forward copies of those as well.Often times in defense cases, the plaintiff team has the advantage of the obvious sympathy of the jury or judge. To lose one's leg or arm is a devastating experience and it is the job of plaintiff's council to maximize the impact to the jury. I can provide insight into the plaintiff's case that often times creates inconsistencies in the eyes of the jury. This is illustrated by a defense case where the plaintiff was an above the knee amputee. He claimed that he could no longer work as a pattern cutter because he couldn't stand up for the time required to cut out the pattern. The prosthesis that he used was for a high activity amputee and had been billed as such. This inconsistency undercut the plaintiff's claim of incapacity.
Another way in which I can be of service is in a trial situation. The jury will be confronted with a plaintiff that has lost a limb. This always elicits a sympathetic response from a jury and a good plaintiff team will paint a very tragic picture of the amputee's life. As an amputee myself, I can provide a more realistic appraisal of post-amputation life and give the jury a more balanced perspective.
I have also taken on a limited number of cases where a prosthetic facility is being sued by an amputee for malpractice. In my experience, most prosthetists are decent people who do the best they can. I can often assist a defense team in building a solid case that is defensible in court.
