A guide to amputation claims

Amputation or the loss of a limb can have an enormous impact on someone’s life. Whether you have lost your limb due to a car accident, an illness or infection, or medical negligence, it can have life-changing effects.

There are many different reasons why amputation might be necessary for someone. Some of the most common reasons include:

  • When there is an inadequate blood supply to the limb
  • After the removal of a tumour
  • When there is ulceration, severe pain, or deformity in the limb
  • After an injury in an accident at work or in a car
  • When there is a severe infection
  • As a result of medical negligence

If you have had a limb amputated, there is a chance that you can make a claim for compensation. The money that you would be awarded is to compensate you for the impact that the amputation has had on your life both in terms of your lifestyle and quality of life, as well as the financial implications of the amputation.

How do I make an amputation injury claim?

If you have had to have an amputation due to something that someone else has done, you might be able to make a compensation claim. It could be due to medical negligence, or perhaps an accident that was not your fault.

This compensation claim would help you to pay for treatment, adaptations to your home that are needed, getting the best prosthetics, paying for carers or support if needed, and anything else that you would not have otherwise needed.

When you make an amputation injury claim, you will need to gather evidence that proves that:

a) The other party had a duty of care

b) The other party breached their duty of care to you

c) This resulted in the amputation being necessary and the amputation has caused unnecessary pain and suffering to you

You can make your amputation claim on a no-win, no-fee basis, meaning that legal fees are only paid if you win the case.

How much time do I have to make an amputation claim?

The law in the UK stipulates that all personal injury claims must be made within three years of the incident occurring. This means that you have three years to make your claim from the date of the amputation. There are, however, a few exceptions to this rule:

  1. If the person was under the age of 18 at the time, they have a time limit of three years from their 18th birthday – thus, they must make the claim before their 21st birthday.
  2. If for whatever reason, you were not aware of the amputation, the time limit changes to three years from the time that you are aware of it.
  3. If you have lost your limb when on Military service, you can apply through the Armed Forces Compensation Scheme (AFCS) within seven years of your injury. There is the possibility, this way, that you could be awarded more money.
  4. If the person does not have the mental capacity to make a claim, there is no time limit for when a claim can be made.

It is recommended, therefore, that you contact a personal injury solicitor such as us here at Waldron’s as soon after the incident occurs as you can.

Medical negligence leading to the loss of a limb

It is, unfortunately, the case that sometimes medical negligence can lead to the amputation of a limb. There are several situations when amputation might be carried out – but it should be remembered that this usually comes as the last resort. Some of these situations include:

  • Misdiagnosis – if a disease or illness has been misdiagnosed by a medical professional, this can lead to a delay in treatment, which can sometimes then lead to a need for amputation.
  • Infection – can occur either as a result of an illness or lack of hygiene, for example, in a hospital. Whether this is misdiagnosed, or the antibiotics do not work, infections can have very serious consequences if not dealt with quickly and properly.
  • Surgical error – it is sometimes the case that errors can be made during surgery that can result in damage to a limb and, consequently, require amputation.

The same rules apply regarding the timelines for medical negligence, as well as the evidence that is required.

How Waldrons Solicitors can support amputation injury claims

If you have suffered a limb amputation and believe that it is the fault of another person, you might be eligible for compensation to help you to deal with the challenges that you are facing. If this is you, get in touch with us here at Waldrons and our team of expert medical negligence solicitors will discuss your options today.

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