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.

An interesting thought experiment. Would you trade your leg for $20M?

The context. A med mal case with a jury verdict that delivered precisely that outcome.

The details.

The patient was a 43-year-old construction worker. So, he was young. At least I call that young.

In addition, he needed his leg to perform construction work. So, he was rendered unemployable in the primary domain he had mastered. More on that fact later.

He had a long history of lower back pain radiating down his left leg. He went to the ER on March 7, 2015 because his left foot pain felt different this time.

Two nurses documented his left foot was cool to the touch – and was turning purple.

Not a good sign. The physician assistant likely did not read the nursing notes and diagnosed the patient with worsening sciatica. And then discharged him.

The patient returned to the ER six days later with worsening pain – identified as 9/10. He was again seen by two nurses, one of whom had seen him on the first visit. So this nurse laid eyes on the patient twice. A nurse practitioner diagnosed the patient with…wait for it, yes, of course, sciatica. And sent the man home.

Four days later, this man was seen by his primary care physician. The pain continued unabated. An ultrasound showed deep venous thrombosis AND arterial thrombosis. He was quickly shuttled to the ER, where a vascular surgeon ordered a CT. The scan showed tissue necrosis. An above-the-knee amputation was performed the following day. According to the record, at the time the patient was evaluated by a vascular surgeon, the leg was not deemed salvageable.

The man’s Massachusetts medical malpractice lawyer argued to the jury that had an ultrasound been ordered during either of his client’s earlier emergency department visits, the DVT would have been diagnosed and treated, which would have avoided the amputation of his leg: “Honestly, the reason this happened was because the communication that happened in the emergency department between the nurses and providers was nonexistent.”

The Massachusetts medical malpractice jury awarded $10 million for the loss of his leg and an additional $10 million for the man’s pain and suffering. His lawyer, who had asked the jury to award the man $16 million, stated after the verdict: “I think it’s bittersweet. He understands that with a simple ultrasound [imaging test], he’d still have his leg.”

Interestingly, the patient was previously declared disabled because of a prior injury to his right leg.

An above the knee amputation is a bad outcome in anyone’s book. And I’m not minimizing the extent of the injury. But is it worth $20M? One driving factor of this jury verdict was the location of the trial. This took place in Massachusetts. Had this happened in a tort reform state, the verdict would have been capped at a lower amount. Here, $10M was for pain and suffering. In Texas, that number would have maxed out at $250k. Guess which state has high professional liability premiums?

For context, let’s examine the saga of a MIT biomedical engineer, Hugh Herr.

In 1982, Hugh Herr was in a tragic mountain climbing accident. He had frostbite. His doctors struggled for months to save his biological limbs. His legs were amputated and replaced with carbon and titanium composite prosthetics. He dreamed of climbing again.

Here, he is shown climbing 100ft above the ground – observe – no rope.

As an engineer, he designed new prosthetics where he could even adjust his height.

In his case, technology augmented his capabilities, beyond what human nature intended.

He was able to climb at a more advanced level than before being fitted with artificial limbs. He noted that there were no disabled people. Just disabled technologies.

Technology can improve upon biology. 

In his talk, Dr. Herr noted that many in the audience were wearing eyeglasses. Such people would have been considered disabled – to some degree – at least vis a vis visual acuity. But, with eyeglasses, no longer.

Regarding his legs – he said he could not be considered disabled – “I climb mountains, for God’s sake.”

And, at 6:12 minutes in this video, take a look at US soldier with an above-the-knee amputation (fitted with a modern prosthetic) walking briskly on a treadmill at a pace that would be the envy of those in his neighborhood.

Herr concluded: “With my advanced prosthetic legs, I can stand, walk, run, and bounce. Ladies and gentlemen, welcome to the bionic age.”

So, would Hugh Herr have traded his biological limbs for $20M (or if you do the math properly, $40M)? I can’t say. Given what Hugh Herr was able to accomplish, would YOU trade a limb for $20M?

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.