Amputation Negligence Claims

Amputation is a surgical procedure in which all or part of a body part is removed. It is sometimes necessary when the function or viability of a limb is compromised or if it poses a health risk. In some instances, amputations are needed to help minimise pain or to prevent an infection or another disease from spreading through the body. Unfortunately, medical professionals occasionally make mistakes, which can severely impact a patient’s diagnosis, health, and recovery.

If you have suffered from medical negligence during an amputation operation or aftercare, you may be entitled to compensation. The following article offers information on the type of behaviour that may be considered negligent, the possible impacts of medical failures, and how to make an amputation negligence claim.

If you would like to discuss the possibility of making an amputation negligence claim, please call 0800 470 0474 or enter your details into our claim form to request a callback.

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Table of Contents

• What is a surgical amputation?
• Amputations caused by medical negligence
• Am I eligible to make an amputation negligence claim?
• What evidence do I need to support my claim?
• Long-term consequences of negligent amputations
• Support following an amputation due to medical negligence
  • Prosthetic consultants
  • Nursing and care aid consultants
  • Housing consultants
• What is the time limit to make an amputation negligence claim?
• How much compensation could I receive for amputation negligence?
• Can I make an amputation negligence claim using No Win No Fee?

What is a surgical amputation?

An amputation is a medical procedure in which a surgeon removes all or part of a limb or extremity. It is often done due to injury, disease, or other medical conditions.

The most common types of amputations are to the leg, arm, foot and toes, but they can also be carried out on many other areas of the body. For example, an amputation may be performed on the breasts, which is known as a mastectomy, and is often carried out as a result of breast cancer.

Amputations have clear physical implications, but the emotional and psychological impact is equally significant. You may feel a sense of trauma and are likely to face substantial changes to your daily life. These often include pain, mobility issues and general discomfort. Some patients feel that their confidence is reduced and that they have less desire to participate in everyday activities.

Amputations caused by medical negligence

Amputations are sometimes critical to saving a patient’s life. In other cases, however, they could have been avoided through adequate medical care and standards.

Many different types of clinical negligence can lead to a compensation claim, including the following:

One of the most common causes of amputation as a result of medical negligence is the mismanagement and poor diagnosis of diabetes, which is one of the leading causes of amputation throughout the world. As such, medical professionals can be expected to pay closer attention to the risks associated with the condition of their patients. Misdiagnosis or late diagnosis can lead to severe complications, which may result in the need for amputation, particularly in the toes and feet.

Negligent amputations can also be due to the following types of medical negligence:

• Errors during surgical procedures resulting in damage to nerves, blood vessels, or tissues;
• Delays in the diagnosis or treatment of infections, such as sepsis or necrotising fasciitis, which can lead to tissue death;
• Failure to recognise and address conditions that affect blood flow, such as peripheral artery disease or compartment syndrome;
• Improper wound care, including failure to clean and dress wounds or provide appropriate follow-up care, which can lead to infection and tissue necrosis;
• Neglecting to prevent or adequately treat pressure ulcers in bedridden or immobilised patients can lead to severe tissue damage and infection;
• Failure to educate patients about the risks of certain medical conditions and the importance of preventive measures can also lead to a worse outcome.

These breaches of the duty of care owed by medical staff to patients may amount to clinical negligence, making victims eligible to claim compensation.

If you find yourself in a situation where you’ve lost a limb or another body part due to the fault or negligence of a medical professional, the implications and discomfort can be overwhelming. This can cause additional trauma, emotional pain, and challenges. You might have the right to make an amputation negligence compensation claim in such instances.

The compensation awarded is designed to help alleviate the burden of the losses and suffering you’ve endured and ensure that the best quality of life can be achieved. Understanding this process can help you navigate the legal aspects of your situation.

Am I eligible to make an amputation negligence claim?

If you have suffered due to substandard medical treatment, you might be eligible to make a claim for compensation. The easiest way to find out if you qualify for amputation compensation is through a free consultation with a legal adviser. They will consult with a medicolegal expert and will take on your case if they can prove the following:

• A duty of care. All healthcare professionals owe a duty of care to their patients. This duty includes diagnosing and treating medical conditions accurately and appropriately to prevent harm.
• A breach of duty occurs when a healthcare provider fails to meet the standard of care expected in their profession. For example, if a surgeon makes an error during a procedure or a GP fails to diagnose a condition in a timely manner.
• Causation. Causation refers to the link between the breach of duty and the harm suffered by the patient. In an amputation negligence claim, it must be established that the doctor’s actions or omissions directly caused or significantly contributed to the need for amputation.
• Damages refer to the harm or losses you suffered due to medical negligence. They may include physical pain and suffering, emotional distress, loss of earnings or earning capacity, medical expenses, and the need for prosthetic limbs or ongoing care.

If your solicitor can prove all of the above, they will help you make an amputation negligence claim and ensure you receive the maximum amount of compensation you are entitled to.

What evidence do I need to support my claim?

If you want to make an amputation claim following the loss of a limb or another body part, you need evidence to prove negligence and how this has affected your life. You could use the following types of proof to support your amputation negligence claim:

• Medical records. These will provide detailed information about your medical history, diagnosis, treatment plans, surgical procedures, and post-operative care.
• Expert testimony. Your solicitor will obtain reports from medical experts about the standard of care you received and any deviations from it. These can give insight into whether the amputation could have been avoided with proper medical care.
• Witness statements. You can use statements from loved ones who witnessed the events leading to the amputation or the medical care you received. These can help corroborate your account of the events.
• Photographs. Visual documentation of the amputation site, surgical procedures, or any related injuries can provide valuable evidence of the medical condition and the care provided.
• Financial records. Keep records of any medical bills and expenses related to your care, such as lost wages. These records can help quantify the damages you’ve suffered as a result of the negligence.
• Rehabilitation and care plans. Documentation of your rehabilitation program, care plans, or recommendations from healthcare providers can demonstrate the ongoing needs and expenses related to your recovery.
• Personal statement. Your account of the events leading to the amputation, the impact on your life, and the challenges you’ve faced as a result. Your statement can provide context and emotional insight into the effects of the negligence.

Long-term consequences of negligent amputations

Negligent amputation of a limb or another body part can have significant long-term consequences, such as:

• Ongoing pain. You might feel constant pain at the site of the operation, which is called phantom limb pain. This pain can be debilitating and difficult to manage.
• Reduced mobility. Losing a limb can make it challenging to move around and perform everyday tasks independently.
• Emotional effects. Losing a limb because of medical mistakes can have a profound psychological impact, leading to anxiety, depression or PTSD.
• Loss of independence. You may need to rely on others for help with things like getting dressed or moving around.
• Financial problems. The cost of medical care, therapy, and special equipment can be a considerable financial strain on you and your family. You may also lose the ability to work or earn as before the incident.
• Relationship strain. You may find it hard to adjust to life after an amputation, which might affect your relationships with family and friends.
• Work issues. Losing a limb could make working or keeping a job challenging, leading to less income and subsequent financial difficulties.
• Risk of complications. Negligent amputations might lead to infections, sores, or other health issues that make things worse.
• Lower quality of life. Overall, negligent amputations can make life much more challenging and less enjoyable, affecting your physical health, emotions, and social life in the long run.

If you had to undergo an amputation due to substandard medical care, a specialist medical negligence lawyer can help you claim compensation for your pain, suffering and financial losses.

Support following an amputation due to medical negligence

The compensation you receive following a personal injury claim is only part of the support available to clinical negligence amputees. Sourcing a medical negligence solicitor experienced in dealing with similar claims will be the first step to securing the best levels of support available. That includes obtaining advice on future plans such as prosthetics, rehabilitation, and housing matters. The following are some of the additional support that can be made available to you by experienced and talented solicitors in this field:

Prosthetic consultants

You will typically need a skilled prosthetic consultant to determine and confirm the type of prosthesis you need. To arrange the most appropriate prosthesis, the consultant will evaluate your lifestyle and preferred activities and arrange the prosthetic limb to suit this where possible. If a prosthetic that can accommodate your pre-amputation lifestyle is not available, this information will be reported.

If your prosthetic has already been fitted, the consultant will be asked to provide a report on its suitability, effectiveness, and comfort. This information will help the solicitor determine your quality of life and any ongoing difficulties or restrictions so that compensation can be negotiated accordingly.

Nursing and care aid consultants

A nursing and care aids expert will usually be asked to assess your past, current, and future needs. The assessment will review the requirements for nursing support and equipment both in the home and externally. This review will form part of the solicitor’s overall evaluation of the impact that the amputation has had on you and will likely have on you in the future.

Housing consultants

A housing consultant will be hired to assess and report on the need for adaptations and additions to your home. These will aim to enable you to live comfortably and safely. If your current home is no longer suitable for your needs, advice will be given on alternative housing options or which amendments are needed for the property to be appropriate.

What is the time limit to make an amputation negligence claim?

The time limit to start an amputation compensation claim is usually three years from the date of your operation. Under the Limitation Act 1980, your case will be statute-barred and no longer valid after this period, even if it has merit.

Although three years may seem like quite a long time, your solicitor will need time to collect evidence and build your case. Therefore, it is generally best to start your claim as soon as possible. This will also make it easier to gather the evidence required and help to ensure essential details about your circumstances are remembered.

There are some exceptions that may apply to the standard three year rule:

• You can make a claim on behalf of a child anytime up until their 18th birthday. If a claim is not made on their behalf, they will have three years to make their own claim once they turn 18.
• If the injured party is mentally incapacitated (for example, due to  PTSD or Down syndrome), there is no time limit for a litigation friend to start an amputation claim for them.

How much compensation could I receive for amputation negligence?

Every amputation case is unique, and various factors will affect the amount of compensation you receive following a successful medical negligence claim. These factors include the affected body part, the impact on your daily life and the related financial losses.

Amputation negligence compensation is calculated based on two types of damages:

General damages cover the physical injury and the subjective ways it has affected your life, such as:

• Pain and suffering
• Loss of consortium or companionship
• Reduced quality of life
• Loss of enjoyment of life
• Loss of amenities like the ability to participate in hobbies

Special damages cover related financial losses and out-of-pocket expenses, such as:

• Private medical treatments and rehabilitation
• Prescriptions and prostheses
• Lost wages and loss of earning capacity
• Modifications to your home or vehicle to support your disability
• Travel costs to medical appointments
• Care costs, even if offered by a loved one

Based on our compensation calculator and the guidelines published by the Judicial College, you can expect to receive the following compensation awards for general damages:

• Around £21,810 for amputation of the little and ring fingers
• £35,520 to £54,830 for loss of a thumb
• £96,160 to £109,650 for amputation of one arm below the elbow
• £240,790 to £300,000 for loss of both arms
• Around £31,310 for amputation of the big toe
• £36,520 to £56,080 compensation for the loss of all toes
• £83,960 to ££109,650 for loss of one foot
• £97,987 to £132,990 for loss of one leg below the knee
• £240,790 to £282,010 for amputation of both legs

Can I make an amputation negligence claim using No Win No Fee?

If you suffered an amputation due to medical negligence and have a fair chance of receiving compensation, your solicitor will offer you a no win no fee* agreement. They will help you start the amputation claims process and get the compensation you deserve without asking for any upfront fees. You only have to pay them if your claim is successful; otherwise, you do not owe them a single penny.

The no win no fee service also includes After the Event (ATE) insurance against litigation costs. If your medical negligence claim is unsuccessful, the ATE will cover all your expenses. These include court fees, medical reports, expert witness fees and travel expenses.

To find out if you can start a no win no fee amputation claim, call 0800 470 0474 today or request a call back. An experienced solicitor will offer you a free case assessment and answer all your questions with no obligation to proceed.