Amputation claims from medical negligence

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.

You may have an amputation negligence claim if your amputation was caused, or made necessary, by avoidable mistakes or substandard medical care. In some cases, the healthcare provider may inform you that something went wrong; in others, you may simply have concerns about your treatment and want answers. Whatever your situation, our specialist solicitors can review your case in detail, investigate the care you received or circumstances of your accident and injury, and advise on your prospects of succeeding in your claim.

Types of medical mistakes that lead to amputation negligence claims include:

• failure to risk assess and manage for patients with diabetes;
• delay or failure to diagnose and treat foot injuries and conditions, such as ulcers, lacerations and Charcot foot;
• failure to diagnose and properly treat infection and sepsis;
• delay or failure to diagnose and treat signs of peripheral ischaemia;
• delay or failure to manage, diagnose and/or treat venous thromboembolism (VTE, DVT, blood clots, thrombosis) and coagulation problems;  
• medication errors;
• delay or failure to diagnose cancer;
• errors in surgical or post-operative care.

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:

• pain and suffering and disability;
• specialist prosthetics (artificial limbs, hands, feet);
• private medical and surgical treatment and rehabilitation;
• costs of therapies, such as physiotherapy or occupational therapy (OT) or psychological counselling;
• adapted vehicles and other types of specialist equipment;
• necessary home adaptations;
• psychological counselling;
• cost of care and domestic assistance;
• loss of earnings and pension;
• private medical treatment;
• other costs and expenses arising from their disability, such as increased holiday costs.

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:

• the injury or disability that was caused by negligent care, and its severity;
• the cost of meeting the individual’s needs arising from that disability in the past, present and future, e.g. for care, home adaptations, therapies, and equipment;
• the financial losses that were caused by the injury, such as loss of earnings;
• how long it is expected that the person will have the need or suffer the loss.

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.

In most cases, you have three years from the date of your amputation, or from the date you first became aware that negligent care may have caused your amputation, to start a claim. There are different rules for children and for those who lack mental capacity. Other issues may also be relevant, such as whether your amputation is a result of a breach of contract or injury associated with air or boat travel. We recommend contacting us as soon as possible to allow a review of your circumstances and confirm the time limits that apply to your case.

The length of an amputation negligence claim can vary depending on the complexity of the case and number of expert disciplines required to establish liability and determine value, the success of rehabilitation and long term prognosis, and whether the defendant admits or denies liability. Many amputation claims can be resolved within 18–24 months, particularly if liability is accepted early. More complex cases, or those where liability is disputed, are likely to take longer.

Almost all amputation claims are resolved without the need for a contested trial at court. The reason for this is that the claim is meticulously investigated and prepared for court ensuring that the best possible settlement can be negotiated and the risks of trial avoided. Every case is prepared as if it will go to trial both maximising the prospects of the best negotiated settlement and ensuring our client is in the strongest possible position should trial be necessary.