amputation negligence compensation claims
Suffering limb loss through amputation can have a devastating effect on the individual concerned and their loved ones, especially when the amputation was a result of medical negligence and could have been avoided.
When a surgical error or negligent medical care leads to amputation, you’re likely to be eligible to receive compensation. Although no amount of money can truly compensate the loss of a limb, it can help financially to pay for the cost of rehabilitation, special care and equipment as well as therapy and any loss of earnings.
We understand that amputating a limb can have a lifelong impact and become extremely challenging for you, and in some cases special care is needed for the rest of the amputee’s life, which is why we will seek to earn compensation to help make life easier moving forward.
If you’re a victim of ill-treatment and because of a wrongful or missed diagnosis you had to have a surgical amputation as a result, you may be eligible to file a claim for compensation for the damage caused.
contact us today
Our medical negligence team can offer you a free consultation. Call our Freephone number to speak directly to a solicitor regarding negligent amputation claims
Alternatively you can request a call back using the form at the top of this page.
Our lines are open Monday to Friday between 9am and 5pm.
FREEPHONE: 0800 046 1088
Amputation negligence claims
How do I make an amputation claim for compensation?
We investigate a potential negligent amputation claim by obtaining the medical records and then seek to obtain independent medical expert evidence on the care provided. It is on their evidence that a case would be based on.
We would then need to discuss the potential claim with the Defendant(s) to seek their views on the care provided. Sometimes they accept medical negligence on their part, but sometimes this is denied. Depending on the stance they take determines the further steps that may be needed.
What is the time limit for limb loss claims?
When a medical error results in amputation, there is a time limit of three years to make a claim for compensation. This is taken from the date the negligence occurs, or when someone ought to reasonably know of that occurring if that is later.
Children have three years from their 18th birthday to make a claim, if the injury happened whilst they were a child. Sometimes, there is no time limit at all, if for example it can be said the person “lacks capacity”. With cases involving a death, the time limit is three years from the date of the death.
How long will my claim take?
This will depend upon a number of factors, including the nature of the injuries, the number of experts that may be required and the stance of the Defendant(s). However, given the complexity of amputation cases, including the full impact on the individual in the future, there may be a number of experts needed, and this therefore can result in the case taking some time to resolve.
Will I need to go to court?
Whilst it is possible that we would have to issue Court proceedings, most cases are resolved without the need to go to a Trial, which would be a final hearing. This is because most cases, even in the Court process, are resolved through negotiation.
What do I have to pay you?
There are various funding options available in medical negligence cases. We can discuss these with you to see what is available and what would be appropriate.
Legal Aid is only available in limited circumstances of brain injury occurring to a child either during birth or shortly after. Our Lincoln office is one of the three solicitors’ firms in Lincoln who provide legal aid for medical negligence cases. Find out more on our legal aid page.
Otherwise, we may be able to investigate the claim on a Conditional Fee basis, which people tend to know better as a “no win no fee” arrangement.
What is my limb loss claim worth?
Limb loss compensation depends on numerous factors, including:
- The nature and extent of the injuries caused by the negligence;
- The financial impact the injuries have on you/your loved ones both now and in the future;
- The risk of further complications;
- Whether any pre-existing problems are involved;
- Whether or not further medical treatment or long-term equipment, care or treatment is required
Will I have to attend any meetings with my solicitor in person?
It is our preferred option to meet with you face to face, but we live in a busy digital age, which along with geographical location, work and other commitments allows us to discuss your claim by telephone, video calls and email. It can also extend to sending you all the relevant documents that need reviewing, completing and signing by post, email or other electronic means. So, we do not necessarily need to meet face to face regularly or at all.
Can I make a claim on behalf of a child?
Yes. For injuries to minor children, they are not able instruct us themselves, and therefore require something called a Litigation Friend to act on their behalf. This is typically a close family member. The Litigation Friend instructs us and makes decisions on the case on the child’s behalf. If a settlement is achieved, that sum would need to be approved by the Court to ensure it is in the child’s best interests.
Why choose us?
Jonathan Baker is accredited to the Law Society's Clinical Negligence Accreditation Scheme, which covers all work undertaken by solicitors and suitably qualified Chartered Legal Executives arising out of any act of negligence, breach of contract and/or statutory duty as a result of which the victim has sustained injuries in the course of medical or dental care.
The need for this scheme is for victims of negligence. As a member we have shown, to the satisfaction of the Law Society that we have and will maintain a high level of knowledge, skills, experience and practice in the area of clinical negligence. Keen to do more, we also work with various charities across the sector, whether through our association with Forces Law or directly as a firm.
amputation negligence claims – more information
Claiming for medical negligence amputation
If you’re unsure about your eligibility to claim compensation for amputation, speak to one of our medical negligence experts for a free consultation.
To succeed in making an amputation claim, it has to be proved that the medical treatment provided fell below a “reasonable” standard of care and also that this treatment resulted in limb loss and in some cases financial loss and/or expense which would otherwise have been avoidable.
How can medical negligence result in amputation?
There are many ways in which a medical error can result in a lost limb.
Some of the most common medical errors leading to amputation compensation claims are:
- Delayed treatment for infections, such as sepsis or gangrene;
- Delayed or misdiagnosis of cancer;
- Incorrect care of fractures causing tissue damage;
- Incorrect/delayed treatment of diabetes;
- Surgical errors
If you or a loved one has suffered limb loss and believe this to be a result of medical negligence, contact our negligence solicitors for expert advice on the claims process and compensation.
The effects of limb loss
In addition to the emotional trauma of amputation and it being an extremely difficult situation to come to terms with, there are other issues which you might experience such as:
- Further tissue death;
- Continuous pain at the site of amputation
- Mobility problems;
- Loss of function (sometimes permanent)
There is also a considerable amount of life changes to think about, for example prosthesis costs and options, home and vehicle adaptions and work life. Such adjustments can be costly which is why making a claim for compensation when negligence occurs is critical to your future well-being.
How can we help?
We have a dedicated team of experts who have a wealth of experience in dealing with the intricate and specialist issues that arise in medical negligence cases.
If you or a loved one has suffered a limb loss through negligent medical treatment or a surgical error, we are here to help you through the claims process.
Amputation Foundation - 01744 808 850
Limbless Association - 0800 644 0185
Blesma, The Limbless Veterans - 020 8590 1124
Limbcare – 0800 052 1174
Heather Mills Charity
Finding Your Feet - 0141 258 4868
Sepsis: spot the early signs and save a life
Please note, the information on this page is not meant to be a substitute for advice provided by a doctor. Always consult with an appropriate professional for specific advice related to your situation