When amputation becomes necessary because of surgical error, delayed diagnosis or poor care of an existing condition, the individual affected is likely to look at the options available to them for bringing a medical negligence amputation claim.
To bring a successful amputation negligence case, the ‘Claimant’ (the person claiming compensation) must prove that negligence took place. To do this, the Claimant must prove the health professionals and/or their employer, the NHS or a private hospital, were at fault.
Claiming compensation in a successful medical negligence claim doesn’t just compensate the individual who has lost a limb for the pain and suffering caused by the medical error.
In addition, a negotiated or court-won compensation award achieved by an experienced medical negligence solicitor will also cover every other type of damages (compensation) that are specific to amputation and limb loss claims. So, this could include the cost of both physical and mental rehabilitation, the cost of prosthetic limbs, necessary alterations to the Claimant’s home, vehicle adaptations, and loss of earnings.
What do we mean by ‘amputation due to medical negligence’?
According to Blesma, the Limbless Veterans Charity, there are between 5000 and 6000 amputations every year. Unfortunately, amputations sometimes happen because the care given falls short of the standard patients are entitled to expect.
In cases like this, amputation is unavoidable to prevent further deterioration in the patient’s health or even cause their death. It’s a situation that would not have happened if the healthcare professional had maintained the standards expected of them by law. In other words, they have breached their duty of care to their patient.
What are the main causes of medical negligence amputations?
Some medical negligence amputations involve a medical professional amputating a body part unnecessarily. This somewhat unbelievable scenario may occur if, for example, there was a breakdown of communication among the surgical team, which led them to remove the wrong limb.
Another cause of medical negligence amputation is when the patient fails to receive the level of care they were entitled to expect.
Examples of circumstances that may constitute medical negligence in amputations include:
- Surgical errors
‘Surgical error amputations’ occur when the wrong limb gets removed during surgery. Thanks to the strict procedures that surgical teams work to, mistakes of this nature are rare. They are referred to by the NHS as ‘never events’, because they should never happen.
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Delayed diagnosis or misdiagnosis
A delayed diagnosis or misdiagnosis of conditions such as vascular disease, diabetes complications, cancer, and viral infections can result in poor blood flow, with the result being that the affected limb needs to be amputated.
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Failure to treat infection
Failure to treat infections like sepsis, gangrene, cellulitis, or osteomyelitis quickly enough (or at all) can cause them to spread rapidly, leading to amputation of a limb that subsequently becomes infected.
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Poor diabetic care
Diabetes is a leading cause of lower limb amputations. Diabetes patients are at risk of problems with their legs and feet because of poor blood circulation and nerve damage. Even minor cuts and ulcers can cause significant issues for diabetes patients without prompt treatment.
If a diabetic patient ends up needing an amputation because their medical team fails to provide adequate care, the patient may be entitled to seek compensation.
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Pressure ulcer mismanagement
The cause of pressure ulcers is prolonged pressure on the skin, which restricts the flow of blood. In turn, this leads to skin and tissue breakdown. Wheelchair users, older adults, and those who are bed-bound are at high risk of developing pressure ulcers.
Pressure ulcers are preventable with appropriate care and management procedures. However, if there is a failure to manage the condition by the healthcare professionals responsible for their care, the infection may spread to the patient’s legs.
In severe cases, the patient may need an amputation to save their life. If that were to happen, the patient would have a strong case for bringing a medical negligence claim against those responsible for breaching their duty of care to the patient.
Can I make a medical negligence amputation claim?
Amputations are sometimes unavoidable, even when the patient receives the best standards of care. Others only happen because of negligence by a healthcare professional. To prove that your case falls into the latter category, you must prove:
- The medical professional owed you a duty of care.
- They breached that duty.
- You suffered harm as a result.
Do all medical professionals owe a duty of care?
Yes, all medical professionals owe their patients a duty of care. That part of the claim is usually straightforward to establish, as the law requires doctors, nurses and other staff to meet the standards of a reasonably skilled professional in their position.
Did the medical professional breach their duty of care?
Showing that a duty of care was breached means demonstrating that the treatment provided was below what a reasonably competent professional would have done in the same circumstances.
Sometimes, it’s clear that the health professional breached their duty of care, such as if a surgeon removed the wrong limb. In other cases, your medical negligence solicitors will need to gather extensive evidence, including opinions from medical experts, to prove that the medical professional’s care fell below the standard required of them.
What else do I need to prove to establish that medical negligence has taken place?
It’s not enough to prove that a medical professional was negligent in handling your care to succeed in a medical negligence amputation claim.
You must also be able to prove:
- Causation: You need to prove that the healthcare professional’s negligence caused you to suffer injury or illness and loss.
- Loss: You suffered loss as a result of the negligent health care – this includes the pain and suffering caused by the injury or illness, as well as financial losses.
How much compensation will I receive for my medical negligence amputation claim?
Understandably, one of the first questions our clients ask our medical negligence solicitors to answer is
“How much compensation will I get for my amputation claim?”
The answer is that it depends on many factors. Medical negligence compensation aims to put the patient back in the position they would have been in had the negligence not occurred.
Of course, in amputation cases, this is sadly impossible. The law can only compensate the patient in monetary terms, which it does by awarding them an amount for their ‘pain, suffering, and loss of amenity’, together with further sums to cover financial losses, rehab costs and other types of claim specific to each case.
The amount of compensation you’ll receive for your medical negligence amputation claim depends on factors that are distinct to your situation.
For example, it will depend on which type of limb was amputated. Then, was the limb completely amputated, or was it below, say, the knee in case of a leg amputation or above or below the elbow in the case of an arm?
Other factors, e.g., whether you’re able to return to the same job or need to take a lower-paid role, will also impact your compensation award.
Medical negligence amputation claims are rare. Those that are successful often result in the person who is claiming (the ‘Claimant’) receiving significant sums in settlement of their claim. The effects of a medical negligence amputation are usually life-changing and profound, so the total amount of compensation can be substantial.
Should you decide to instruct Mooneerams to act on your behalf in your amputation claim, our medical negligence solicitors team will review your situation as the case progresses and advise on the likely compensation amount you may expect to be awarded in your case.
If my amputation claim takes a long time, can I get any payment on account?
Like all serious medical negligence claims, amputation claims can take a long time to settle or go to court. Anything from 6 months to five years is possible. Much depends on whether the healthcare provider’s insurers or NHS Resolution, in the case of a claim brought against the NHS, admit liability.
Assuming they do either early on in proceedings, at a later stage or after court proceedings have been issued, there is then a reasonable chance your medical negligence lawyers will be able to obtain an interim payment for you. The health provider’s insurance/NHS Resolution will deduct the amount you received by way of interim payment from the final settlement figure you receive for compensation, once your claim settles.
Is there a time limit for making a medical negligence amputation claim?
Yes, you must generally make your medical negligence amputation claim within three years of the date of amputation, or from when you realised that your amputation was due to negligence.
These time limits, known as ‘limitation periods’, are strict. If you miss the deadline, you won’t be able to make a claim, even if you can prove that the medical professional had acted negligently.
There are exceptions to this general rule. For example, if the patient is a child, their’ litigation friend’ can start a medical negligence claim on their behalf at any time until the patient turns 18.
If nobody else pursues compensation on their behalf, the child can pursue a claim themselves when they turn 18, and they have until their 21st birthday to do so.
Given the life-changing impact of a medical negligence amputation, most patients need their compensation to cope with their new norm and the financial strains it can bring, so they start their claim as soon as they feel up to it. Indeed, taking legal advice on your medical negligence amputation claim as soon as you can is always a good idea.
Your memories of what happened will invariably fade over time, and the more information you can give to your medical negligence solicitors, the stronger your case will be.
Furthermore, gathering evidence to support your claim can take a while, so the sooner we get started, the sooner the medical negligence solicitors at Mooneerams Solicitors will be in a position to begin negotiating a settlement with the other side.
Mooneerams Solicitors medical negligence team usually work on a No Win No Fee basis, too, so you can secure the compensation you deserve without having to worry about paying legal costs upfront.
