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The amputation of one or more limbs causes lifelong disability, reducing mobility, dexterity, and independence. Amputees may find it harder to work, travel or move around their home, or to engage in social and leisure activities. In addition to physical restrictions, amputation can cause phantom limb pain or psychological injury, and increase the strain on family relationships.
If your amputation injury was caused by medical negligence, we can help you claim the compensation you need to restore your independence through rehabilitation and prosthetics, specialist equipment and a suitably adapted home.
Get in touch with our experienced medical negligence solicitors - we can help.
For more than 30 years, Boyes Turner's amputation solicitors have guided amputee clients through the medical negligence claims process to secure compensation settlements and specialist support which helps them regain their independence and rebuild their lives.
You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. If the amputation was caused in a road accident or at work, or where a public organisation was at fault, our personal injury solicitors can help.
We will ask you to tell us briefly about your medical care leading up to your amputation and advise you about any time limits which may apply and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.
If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your disability. If the healthcare provider or their legal representatives at NHS Resolution deny liability, we will advise you about the best way to proceed your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
Partner, Medical negligence
Kevin had diabetes and a history of foot problems, including reduced sensation (neuropathy) and ulceration. This meant that he was at increased risk of losing his feet from complications when he suffered a minor injury. His amputation followed multiple missed opportunities by practitioners at his GP surgery and a hospital radiology (x-ray) department to refer him for specialist foot care and to diagnose his condition.
Kevin’s claim included compensation for his pain and suffering, partial loss of earnings, extra care, increased accommodation costs, equipment, and therapies. Prior to settlement, interim payments paid for bespoke prosthetic limbs, including a water activity limb, enabling him to return to his former hobby of kayaking.
Read Kevin’s full story in our previous cases
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Mar 2020
Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.
Boyes Turner was recommended by a family member and once again they were professional, giving clear advice from the outset. Their friendly service was reassuring during a difficult period of my life. Having direct contact with the same solicitor all the way through my claim, ensured continuity and great communication. I would definitely recommend Boyes Turner to anyone who has a medical negligence claim as they have a strong team of experts who contributed towards my claim. I am very satisfied with the successful outcome of my case and would like to thank everyone involved, particularly Ben Ireland who was brilliant from the start.
Boyes turner is an excellent law firm. Their expertise and compassion towards their client are simply outstanding and I would highly recommend them. Every staff member I dealt with was kind, efficient and very helpful. Going through cancer and then having to go through litigation is both mentally demanding and scary but from the beginning my Lawyer (Fran) was fantastic, she guided me through each stage of the litigation and was always there to answer any questions. My lawyer supported me every step of the way by taking the time to explain the legal process in a clear and simple way.
I approached Ben Ireland for a medical negligence case. He explained everything in laymen terms with empathy and understanding. I would highly recommend him and would use him again.
What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.
Limb loss and amputation is a risk associated with many health conditions, such as diabetes, peripheral arterial disease (PAD) and severe infection or sepsis, but amputations and limb loss can often be avoided with appropriate medical care. Where delayed, insufficient or incorrect treatment results in amputation, the amputee may be entitled to make a medical negligence claim for compensation.
Amputation negligence claims aim to compensate the injured person for their injury and their financial losses, and provide for their needs arising from their negligently-caused disability. Rehabilitation after amputation often focusses on restoring mobility through bespoke prosthetics, specialist wheelchairs, adapted vehicles and home adaptations, but can also involve vocational rehabilitation, care and support, private medical or surgical treatment and therapies and psychological counselling. Compensation after amputation can also restore the amputee’s sense of inclusion and wellbeing by enabling them to participate fully in family life and providing safe, adaptable access to their former work, sports, and hobbies.
Types of medical mistakes that lead to amputation negligence claims include:
Our medical negligence amputation solicitors work closely with our clients and experts to ensure that each client recovers their full entitlement to compensation.
Depending on the individual’s injury, needs and circumstances, they may receive compensation for:
In each case, the aim of the compensation is to put the injured person back in the position that they would have been in if the negligence hadn’t happened, in so far as money can.
In a medical negligence claim, the amount of compensation that an injured person receives depends on:
Compensation settlements may also take into account serious risks to the case or complexities in the evidence which result in apportionments of liability at an earlier stage of the claim.
The sooner a client contacts us after receiving a diagnosis that they need an amputation, the sooner we can carry out the necessary investigation to prove the claim and request an interim (advance) payment.
We work hard to secure early admissions of liability. This enables us to obtain substantial interim payments to begin easing the financial hardship which often follows a devastating injury.
We use interim payments to make a real difference to the injured person and their family by getting care, rehabilitation, and therapies underway as soon as possible.
By understanding and targeting provision for our clients’ needs early in the claims process, we help restore our clients’ mobility, independence, and ability to participate fully in family and social life, long before the claim has concluded.
Where our client is injured as a result of negligent medical care but also has an increased risk of needing an amputation in future, their settlement can provide full compensation for the current injury including the future risk. This type of settlement is beneficial for clients who prefer to conclude their claim in one settlement, and for those who prefer a final settlement which provides closure.
For some clients who have a significant risk of amputation in future which, if it occurred, would significantly increase their disability, we may recommend that their settlement initially compensates their current injury, retaining their right to claim further compensation if the future amputation is needed, via a ‘provisional damages’ order.
A provisional damages claim allows the injured person to return to court for more compensation if they suffer a specific deterioration in their condition in future, such as the need for an amputation. A provisional damages settlement means that if the specified deterioration occurs, such as the later amputation, the impact of that additional disability and the client’s additional needs can be fully assessed with certainty at that time, ensuring that the new disability is properly compensated.
We advise each client about their settlement options and discuss with them our recommendations to ensure that they receive their compensation in the way that best suits their needs and preferences.
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