Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

A Wisconsin nurse is accused of, among other less exciting things, amputating a patient’s foot without authorization. She allegedly told her colleagues (jokingly, we assume) that she intended to stuff the patient’s foot and display it in her home to serve as a ward against frostbite.  

While those allegations do turn heads (ours included), the fact pattern (as we understand it) is more mundane than you’d think. There are lessons to be learned, however.   

The patient was in hospice. By all accounts, the amputated foot was beyond repair and barely functional. Not an excuse to amputate without authorization, but the fact pattern indicates this was by no means a healthy extremity. The formal complaint also stated that there is no evidence that the amputation of the foot (authorized or not) hastened the patient’s death.  

How did this supposedly happen? The Spring Valley Health and Rehab Center received the patient after he suffered a fall in his home. The fall occurred in March 2022. Emergency personnel found the heat turned off. The patient lived alone. Recall this happened in Wisconsin.   

The patient’s feet became frostbitten. Doctors discovered necrotic tissue during treatment. According to the testimony of several nurses, the amputated foot was hanging on by a tendon and a few inches of skin.   

The accused nurse suggested amputating the foot to preserve the patient’s comfort. Her colleagues told her not to do it. At some point in this process, the nurse (again, we assume jokingly) suggested mounting the patient’s foot in her family’s home. You know the rest.   

According to another nurse’s testimony, several nursing staff members (including the accused) entered the patient’s room to change his bandages. It was during this process the unauthorized amputation allegedly occurred. The nursing department director received conflicting reports of the patient’s experiences during the amputation. One stated the patient likely felt little to no pain. Another nurse noted the patient told her privately that he did experience pain during the amputation and that “he felt everything, and it hurt very bad.” 

The accused nurse told the investigator that she intended to act in the patient’s best interest but acknowledged that the patient never asked the nursing staff to amputate his foot. The Wisconsin Board of Nursing is currently investigating.  

The take-home point for doctors, nurses, and all healthcare professionals: Recognize the dangers of acting without proper authorization. Healthcare often requires us to make challenging, split-second decisions. But acting without appropriate authorization often invites disaster. Confer with your colleagues and seek the wisdom of seasoned veterans.   

What do you think? Let us know in the comments below. 

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.