Although rare, medical negligence can result in amputation — the removal of a limb, part of a limb or a digit such a finger or toe, and in these situations compensation may be payable.
Amputation because of medical negligence can be a complex area and negligence claims usually arise due to a variety of reasons:
- Misdiagnosis, where a medical professional may have misdiagnosed a disease, infection or injury when they should have reasonably been expected to recognise it or ask for a further opinion or investigation. Eg the misdiagnosis of meningitis, sepsis or cancer.
- An organisational failure, for example, where a hospital did not correctly follow up on scans or test results or failed to prevent a patient from acquiring an infection.
- Alternatively, an amputation might become necessary because of failings in care and treatment. Eg monitoring diabetic patients, assessing the risks of a blood clot developing, or failing to treat a fracture correctly leading to tissue damage.
- Failures in care may necessitate an amputation, eg mistakes made during procedures or simply ensuring an immobilised patient has an adequate blood flow to their extremities.
- Surgical negligence could also be a cause of amputation eg. if the wrong part of the body has been removed or mistakes made in surgery resulted in the need for an amputation.
An amputation compensation claim should factor in:
- Private medical treatment
- Long-term care
- Home adaptations
- Equipment for home and travel
- Therapy and other psychological support
- Loss of earnings and associated benefits eg. pensions
- Loss of promotion prospects
Devonshires Claims’ experienced amputation claims solicitors support victims of medical negligence to make a compensation claim on a No Win No Fee basis.
For more information on making an amputation compensation claim or to start your free case evaluation, contact our experts today on 0333 900 8787, email email@example.com or complete our online form.
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The claims process
The claims process starts when you get in touch after you suspect that your amputation was the result of medical negligence.
We will offer you a free consultation, during which we will listen carefully to your story, taking the time to understand what has happened to you and the impact it has had. We will use this to understand where mistakes or omissions might have occurred. Following the initial consultation we will be able to advise you on your situation and the next steps of any claim process.
- If a claim for medical negligence is made then the first step is gathering evidence to support your claim for medical negligence and subsequently further evidence to understand the full extent of your loss.This will include collecting all the relevant medical records. We can use these to assess the treatment you received and establish where mistakes might have been made or the wrong decisions taken.
- We will also look at financial records. An amputation is likely to have an immediate financial impact because of loss of income when the procedure took place and during the recovery period afterwards. However, many amputations will have an impact on life-long earnings because you are unable to return to your previous employment. And even if a return to your previous job is possible with adaptations, many people will find that an amputation can remove opportunities that might have progressed their careers and earnings.
- Finally, we will also gather evidence about your life in general. An amputation can mean that much of your life has changed, things that were important to you before may now be inaccessible, or require expensive adaptations. And while you might consider some of those things priceless, such as the interactions with family and loved ones that are now changed, they can form part of your claim.
- Evidence will not just include paper records, but can also include witness statements, and additional profession evidence/statements, for example from a prosthetics expert, which can build your claim by illustrating the loss you have suffered. We can help you, supporting and guiding you through the whole process.
The ‘limitation’ period to bring a claim for medical negligence is generally three years from the date of negligence or the date of reasonable knowledge of the injury.
This means that if you became aware that medical or hospital negligence necessitated and led to the need to amputate a limb or digit such as a finger or toe – weeks, months, or even years later, the three-year period could commence from then. In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons, so it is important to contact us as soon as possible. The sooner you contact us, the sooner we can begin our investigations and the sooner we can start to assist with your treatment and recovery.
Absolutely!; Devonshires Claims can provide a ‘No Win – No Fee’ claims service for amputation compensation claims
Under a No Win No Fee’ arrangement, which is also known as a ‘Conditional Fee Agreement’ , you will not be charged any costs if your case is not successful*.
For more information on our ‘No Win – No Fee’ agreement, please click here.
The amount of compensation you can expect to receive will depend on exactly what you are claiming for and your particular circumstances. The main determinant will be what was amputated and a range of factors are considered when compensation is awarded. For example, if your hand or arm was amputated, then you can expect a higher award if it was your dominant hand, reflecting the additional difficulties you will have in re-learning how to manage even basic tasks with your other hand.
Ultimately, it’s the impact that the amputation will have on your life — now and in the future — that will determine the size of the award.
The compensation awarded should address the need for:
- Specialist medical treatment on a private basis
- Rehabilitation and physiotherapy
- Medical aids and home adaptations
- Financial support for the loss of earnings, including future earnings such as pension payments
- Specialist care and support
- Financial support for the recovery of past expenses eg. Travel, the cost of medication
- Recovery can also be sought for additional care and assistance provided to you by family and friends (subject to satisfactory supporting evidence).
The compensation payout for an amputation can only be determined once we understand the full impact of amputation on your income, career prospects, health and wellbeing.
Why choose Devonshires Claims to support you?
However these situations occur, an amputation is a life-changing event. Even when the amputation seems small or minor, like the loss of a toe or a finger, the impact this can have on your day-to-day life, career prospects and overall health can be huge, with life-long physical and mental impacts. It is important to have legal experts which understand the profound and long-lasting implications for a patient and can support them through the whole process.
Devonshires Claims’ claims experts support victims of medical negligence obtain justice and compensation for the negligent medical care they experienced.
Our medical and hospital compensation claims service provides:
- A free no-obligation case evaluation
- Advice on the probability of success for a medical negligence claim and the amount of compensation you could potentially obtain
- Friendly, compassionate and experienced claims experts
- A No Win No Fee agreement i.e. you will not incur any costs if your claim is not successful*.
- Access to a network of medical experts and specialist barristers
Our experts work hard to secure victims of medical negligence the justice and compensation they deserve.