Amputation

Amputation surgery may be necessary to treat various injuries and illnesses and can be extremely stressful and physically demanding. 

Amputation may be the best course of action for the following types of injuries:

Diseases

A number of illnesses can irreversibly destroy body tissues, and while in many cases amputation can be avoided, it is sometimes the only option. Most cases of amputations associated with blood clots are brought about by clotting in the arteries, which prevent the blood flow to tissues beyond the blockage.

In other cases, amputation can be required after venous thrombosis (DVT), which causes “blue leg syndrome”, while some patients with diabetes and neuropathy can be particularly vulnerable to amputation.

It is the duty of healthcare professionals to ensure that those patients who are particularly vulnerable are well looked after, and steps are taken to avoid exposing them to the risks of amputation.

Cancer

A cancer diagnosis can often mean an amputation is carried out to remove severely damaged body tissues, and to prevent malignant tumours from spreading to other parts of the body.

Sometimes, if there has been a delay in diagnosis or treatment, amputation may be required as a last resort when it could have been avoidable.

There are multiple scenarios beyond medical negligence where you might find yourself making an amputation claim. These can include but aren’t limited to:

• Road traffic accidents
• Workplace accidents
• Slips, trips, and falls
• Assaults and violent crimes
• Product liability
• Military accidents
• Sporting accidents

To be successful in your amputation claim, you will have to prove that:

• The professional acted with negligence towards you
• You had to undergo amputation as a direct result of illness or injury caused by the defendant’s negligence

To do so, it will be necessary to gather evidence that supports your medical negligence claim. This can be in the form of medical records, witness statements or a diagnosis from another independent medical professional. We will be able to recommend which of these you will need and how to acquire them.

We will compile the evidence for you to form the strongest case possible and present this to the other party with the goal of settling on a compensation amount without needing to take court action. However, if they do not accept liability, or you are unhappy with the amount of compensation they are willing to part with, court proceedings may be necessary and we will represent you.

You should not attempt to make an amputation claim without the help of a specialist clinical negligence / personal injury specialist, such as those at Ramsdens. These claims can be complex and require a nuanced understanding of the law. Our team of specialist amputation claim solicitors will not only guide you through the legal process but will also help you gather the necessary evidence, liaise with medical professionals for expert opinions and negotiate with insurance companies or opposing parties.

To begin the claims process, simply reach out to our team of experienced amputation claims solicitors to discuss your case. We offer a free initial consultation to assess the viability of your claim. This includes reviewing any evidence you have and discussing the circumstances of your case.

If you decide to proceed with your claim, we will help you gather all the necessary evidence, which can include medical reports, witness statements and any other relevant documentation. Once all the evidence is compiled, we will formally submit your claim to the responsible party or their insurance company.

We will handle any communications with the other parties involved, including any negotiation, during which we will aim to secure the highest possible settlement for you.

If your claim is successful, you’ll receive your compensation either as a lump sum or as staggered payments, depending on the specifics of your case and your needs.

To support your amputation injury claim, you’ll need to gather various types of evidence. This may include:

• Medical records: documentation detailing the injury, treatment and outcome
• Witness statements: testimonies from people who can vouch for the circumstances leading to the amputation
• Expert opinions: reports from medical experts that link the injury to the negligence or accident in question
• Financial records: documentation of loss of earnings, medical bills and other expenses related to the amputation
• Photographic evidence: photos of the injury and the conditions that led to it can also be helpful

The amount of compensation you may be entitled to can vary widely based on several factors.

Compensation amounts are typically divided into general and special damages, each covering different aspects of your circumstances:

• General damages: cover the physical and emotional impacts that your amputation has had on your life. The amount you will be able to claim for these are calculated based on the Judicial College Guidelines and the severity of your injury and suffering
• Special damages: cover the financial aspects of amputation compensation claims, including medical expenses, rehabilitation and care costs, and loss of earnings due to being unable to work