Having part of your body amputated is one of the most serious medical interventions possible, with potentially life-changing effects. The physical and psychological impact of an amputation is often profound, so where there is reason to believe the amputation may have been avoidable, it is understandable to want answers and some form of recompense.
If you believe your amputation was the result of medical negligence, you may be entitled to claim compensation, which can be essential to allowing you to rebuild your life. Medical negligence claims can be complicated, so specialist legal advice and representation is necessary to ensure the best possible outcome.
Wolferstans medical negligence solicitors are highly experienced in amputation claims, having successfully secured compensation for a wide range of clients over many years. We can provide a fast, accurate assessment of the merits of your claim and a realistic estimate of how much compensation you may be entitled to. We can then support and represent you through every stage of the claims process.
We offer a no win, no fee amputation claims service, allowing the majority of our clients to bring a compensation claim with no financial risk to themselves. With strong expertise in non-confrontational dispute resolution, we can normally achieve a fast, cost-effective resolution to most claims that lets you avoid a court hearing.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 292204
Our amputation claims service
We support clients across England and Wales with a wide range of claims related to amputations due to medical negligence, including those involving:
- Failure to recognise symptoms e.g. of serious infection
- Failure to carry out appropriate diagnostic procedures
- Failure to correctly interpret results of diagnostic procedures
- Failure to provide effective treatment in a timely manner
- Failure to offer appropriate support for managing conditions such as diabetes resulting in amputation
- Misdiagnosis leading to unnecessary amputation
- Failure to provide appropriate treatment after a serious injury e.g. during a car crash leading to amputation that could have been avoided
- Negligent surgical aftercare leading to infection
How amputation claims work
Many people worry that making a medical negligence claim for amputation will be confusing, time-consuming and stressful, however, our experienced clinical negligence lawyers aim to keep things simple and stress-free at all times.
A typical amputation negligence claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding an amputation compensation claim
When thinking about making a compensation claim for amputation, the last thing we want is for you to be put of by worries about how to cover the cost of a claim. We want to assure you that if we believe you have a reasonable prospect of a successful claim, we will fund a funding option that works for you.
For most of our clients, this means using a no win, no fee model, also known as a ‘conditional fee agreement’. This allows you to avoid the need to make any contribution towards your legal fees or expenses when starting a claim, with these costs only being payable if we secure compensation for you.
With a no win, no fee amputation claim, our legal fees will be based on a percentage of any settlement we secure, so you will have complete transparency from the outset and will always get the maximum benefit from any compensation we win for you.
There are also various other funding options that may be appropriate depending on the circumstances. This includes legal expenses insurance, which is frequently offered as an optional extra with home insurance, as well as with some bank accounts and credit cards.
To discuss your options for covering the cost of an amputation claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in amputation claims
Our medical negligence lawyers regularly support clients all over England and Wales with amputation claims. We have secured millions of pounds in compensation for our clients under even the most challenging circumstances, building a reputation as recognised leaders in the field of medical negligence claims.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Common questions about amputation claims
You will normally have 3 years from the time the amputation occurred to make a claim. However, it you only later became aware that medical negligence was a factor the time limit may be counted from this point instead, depending on the circumstances.
If you wish to make a claim on behalf of someone who was under the age of 18 when the amputation occurred, you will have until they turn 18 to bring a claim. Once they turn 18, they will have a further 3 years to bring a claim themselves if this has not already been done.
Where someone does not have the mental capacity to bring a claim, e.g. due to severe learning difficulties, there is no time limit for someone to bring a claim on their behalf.
The two key factors determining the value of a compensation claim will be the seriousness of the injury to the patient and its impact on their life.
The actual compensation achieved can vary significantly depending on the experience and skill of the legal team representing you, which is why it is crucial to work with medical negligence lawyers experienced in these types of claims.
Depending on the situation, you may be able to claim two types of compensation – special damages and general damages
Special damages – Covering specific financial losses incurred up to the date of settlement e.g. treatment costs, buying special equipment and loss of earnings as a result of having to give up work.
General damages – Covering non-financial losses e.g. compensation for pain and suffering and changes to your lifestyle, as well as likely future financial losses and expenses you expect to experience as a result of the injuries sustained.
An amputation may be considered to be the result of medical negligence if it can be shown that it only occurred due to the care your received being “below medically acceptable standards”.
Proving that medical negligence occurred will usually rely on various types of evidence, including:
- Medical records
- Witness evidence
- Evidence from independent medical experts
Further information about amputation negligence claims
Start an amputation claim with us today
To arrange a free initial no obligation consultation and find out more about starting an amputation negligence claim:
To arrange your consultation please contact the new client team on 01752 292204.