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Re: Diabetes Mellitus, Diabetic Ketoacidosis, Trauma, Amputation

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  • ray_madison@hotmail.com
    Gangrene can occer in diabetic patients regardless of trauma if they have not maintained proper insulin dosage, etc. So the insurer would argue that a slip
    Message 1 of 3 , Aug 5, 2001
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      Gangrene can occer in diabetic patients regardless of trauma if they
      have not maintained proper insulin dosage, etc. So the insurer would
      argue that a slip and fall trauma would not precipitate gangrene,
      etc., unless the victim had already neglected proper health care.

      So any neglect by the victim's prior to the fall would have to be
      looked into. Then the treatment sought after the trauma would have
      to be considered as a possible cause for gangrene to set in as well.

      Consider the following taken from a medical data base re gangrene in
      diabetics:
      Medical/Legal Pitfalls: Failure to realize that cutaneous findings
      often underestimate the extent of underlying disease. Failure to
      initiate early broad-spectrum antibiotics. Failure to obtain
      immediate consultation or to transfer the patient to an appropriate
      facility if such resources are not available at the current facility.

      --- In infoguys-list@y..., lawdog798@a... wrote:
      > To the Collective: I have a case wherein my client suffers from
      > Diabetes Mellitus. She slipped and fell at a convenience store. My
      > client suffered severe bruising to both sides of her body, and
      > further suffered a left navicular(ankle) fracture. Three months
      > later she developed gangrene in her left arm which required an
      > amputation and a follow-up amputation. Two months after the left
      arm
      > amputation, she developed gangrene in her right foot and right leg,
      > necessitating an above-the knee amputation. Her orthopaedic
      surgeon
      > states that both amputations are, to a reasonable medical
      certainty,
      > a result of injuries sustained in the fall. I just received this
      > case from another attorney who refers many of his litigation cases
      to
      > me.
      > The medical reports all state that she suffers from diabetic
      > ketoacidosis.
      > Can someone, or many ones, please advise as to what I am facing,
      good
      > and bad, with this matter? I have already begun my research but am
      > not even sure where I should be looking. I would like to present
      > articulate, educated questions to my potential experts.
      > Thanks in advance!
      > Lowell Steiger, Attorney at Law
      > (323) 852-1100
      > (323) 852-1033 fax
      > 8383 Wilshire Blvd. #830
      > Beverly Hills, California 90211
    • Ray Madison
      First of all, the convenience store insurers are going to strongly dispute any contention that a slip and fall caused the severe bruising on both sides of her
      Message 2 of 3 , Aug 5, 2001
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        First of all, the convenience store insurers are going to strongly dispute
        any contention that a slip and fall caused the severe bruising on both sides
        of her body, and are also going to ask why other events past and present did
        not have a similar effect on her, given the alleged diabetic condition,
        which I presume she did not suddenly acquire on or about the time of the
        fall.

        They are going to allege she needs someone to blame in order to cover
        medical expenses where the cause could well have been a gradual buildup of
        internal bleeding, etc., as a result of the usual bumps and scrapes of
        everyday life (if not a more severe injury from some other event where
        insurance coverage didn't apply).

        So you are going to need a lot of evidence showing the fall actually
        happened, and that the conditions in the store contributed to the fall, and
        that there had either been other falls in the past due to these conditions,
        or such falls were predictable due to these conditions. And you need to
        show that the woman had no history of similar complaints, and hope that
        there is no such history out there with a different doctor, etc. that she
        hasn't revealed to you.

        That's about it for starters.


        >From: lawdog798@...
        >Reply-To: infoguys-list@yahoogroups.com
        >To: infoguys-list@yahoogroups.com
        >Subject: [infoguys-list] Diabetes Mellitus, Diabetic Ketoacidosis, Trauma,
        >Amputation
        >Date: Sun, 05 Aug 2001 16:43:51 -0000
        >
        >To the Collective: I have a case wherein my client suffers from
        >Diabetes Mellitus. She slipped and fell at a convenience store. My
        >client suffered severe bruising to both sides of her body, and
        >further suffered a left navicular(ankle) fracture. Three months
        >later she developed gangrene in her left arm which required an
        >amputation and a follow-up amputation. Two months after the left arm
        >amputation, she developed gangrene in her right foot and right leg,
        >necessitating an above-the knee amputation. Her orthopaedic surgeon
        >states that both amputations are, to a reasonable medical certainty,
        >a result of injuries sustained in the fall. I just received this
        >case from another attorney who refers many of his litigation cases to
        >me.
        >The medical reports all state that she suffers from diabetic
        >ketoacidosis.
        >Can someone, or many ones, please advise as to what I am facing, good
        >and bad, with this matter? I have already begun my research but am
        >not even sure where I should be looking. I would like to present
        >articulate, educated questions to my potential experts.
        >Thanks in advance!
        >Lowell Steiger, Attorney at Law
        >(323) 852-1100
        >(323) 852-1033 fax
        >8383 Wilshire Blvd. #830
        >Beverly Hills, California 90211
        >
        >
        >
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