Amputation Claims

Amputations as a result of negligence can occur in a variety of settings, such as an underlying condition being left untreated or incorrectly treated which allow for a deterioration resulting in amputation, or where there has been a misdiagnosis.  Some common examples include:

• Delays in diagnosing and treating ischaemia
• Poor diabetic care (especially when there is damage to the foot that is not treated adequately)
• Failure to diagnose and adequately treat meningitis
• Delayed diagnosis of cancer (such as bone cancer or sarcomas)
• Delayed management of limb fractures

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When can amputation due to medical negligence happen?

Amputations from clinical negligence and thankfully very rare, but when they do happen, they can have a significant impact on the individual and their family.  As well as the physical and mental impact, there is often a significant impact on the individual.  Mobility, day to day care, and even ability to work can be affected.  Some people require adaptations to the home and car.

Amputations of larger limps such as the leg, foot, arm or hand tend to lead to larger settlement amounts than finger or toe amputations, due to the greater impact that they have on your day to day life.

The following amputations can lead to the following problems and out-of-pocket expenses:

• Leg and/or foot:
  • Prosthetic leg and/or foot.
  • Wheelchair
  • Home adaptations such as hand rails, ramps and stair lifts.
  • Rehabilitation, such as physiotherapy and psychotherapy to help you to learn how to walk again with the prosthetic leg and to mentally cope with your new way of life.
  • Loss of earnings through being unable to work or too the same capacity as before.
• Arm and/or hand:
  • If you lose your more dominant hand this will be reflected in the amount of compensation that you will receive. This is because this will have a greater impact on your life as you will need to re-learn how to write, drive and conduct other manual tasks.
  • Losing an arm or hand may make it impossible to carry on working in the same role or to the same capacity as you did before the amputation.
• Toe or finger:
  • The loss of a toe can make it difficult to balance, walk or run, the impact can be especially worse if is the big toe that is amputated.
  • The loss of finger or thumb can also make it difficult to carry out everyday tasks like carrying items, eating and typing.
  • The amount of compensation that you will receive will be dependent on which finger or toe is amputated, as specific ones have a worse impact than others.

Use our compensation calculator to get an idea of what your physical injuries could be worth.

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Is there a time limit for wrongful amputation claims?

You need to make your claim within three years from the date of the amputation. The sooner you seek legal advice following the accident the better, when details of what happened are fresh to mind.

There are exceptions to the three year time limit for children and those deemed mentally incapacitated to make the claim themselves. Claims can be brought on behalf of a child at any time after the amputation before they reach the age of 18. After the age of 18 the child has 3 years to make a claim on their own behalf.

If the person is deemed as being mentally unable to make the claim themselves there is no time limit for someone making a claim on their behalf.

How much will it cost me to make a claim?

There are many different funding options available to you when making a personal injury claim. True Solicitors will handle your claim on a no win, no fee basis. Simply put it means that should your claim be unsuccessful, you will not be liable to pay the fees for your solicitor’s services. You will only pay legal fees if your claim is successful, which is typically a percentage of the compensation amount obtained.

Contact us today for a free, initial assessment of your claim. Submit your details below or call us on 0344 854 7000.

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