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Having a limb amputated is emotionally and physically devastating. Losing a limb due to negligent medical treatment can make this even worse, as it means that the amputation could have been wholly unavoidable.
Making a medical negligence claim for an amputation can help to cover the costs of adapting to your new way of life. Helping to pay for things like prosthetic limbs, rehabilitation and home adaptations.
Call us today on 0344 854 7000 or submit an online enquiry and we will call you back at a time that is suitable for you.
When can amputation due to medical negligence happen?
Amputation due to medical negligence can happen for a number of different reasons, from misdiagnosis to surgical error. Common reasons include:
- Mismanagement of diabetes
- Infections of wounds
- Cancer misdiagnosis
- Surgical errors
- Failure to diagnose deep vein thrombosis (DVT)
How to make a medical negligence amputation claim?
To start the claims process call us or submit an online enquiry briefly outlining the details of your claim. Our medical negligence solicitors will assess the details of what happened to you and if we believe that your case has good prospects we will agree to represent you on a no win, no fee basis.
If you choose to appoint us as your solicitor we will then get to work building a case against the healthcare trust, private practice or medical professional responsible for your amputation. This will involve collecting evidence in the form of:
- Medical reports.
- Witness statements.
- The findings from an independent medical assessment.
Your solicitor will also collect evidence to support your loss of earnings and out-of-pocket expenses you have incurred as a result of the amputation, including:
- Pay slips dated 3 months before and after the amputation.
- Medical expenses – such as prescription charges and private rehabilitation.
- Home and vehicle adaptations.
- Care costs.
- Travel expenses to and from medical appointments.
- The costs of purchasing mobility aids.
How much compensation will I receive for an amputation claim?
The amount of compensation that you can expect to receive for an amputation caused by medical negligence is dependent on the individual circumstances of your case.
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.
- 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.
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.