Amputation negligence claims

Frequently asked questions

• Can I make a claim for someone else?

  Absolutely. If your child is under the age of 18 and has been in an accident or experienced medical negligence resulting in amputation, you can make a claim on their behalf. You can submit a claim any time up until their 18th birthday. 

  Once they turn 18, they have three years to make a claim themselves. 

  You may also be able to make a claim for someone who lacks the mental capacity to claim for themselves. For instance, this may be a person with severe brain injuries, autism or dementia. 

  In these cases, power of attorney will be required to pursue a claim on behalf of someone else – or you can apply to The Court of Protection (in England and Wales); The Office of the Public Guardian (in Scotland); or The Office of Care and Protection (in Northern Ireland) to do so.

  Any settlement will then be subject to the approval of the relevant court/office before it can be distributed to the claimant.

  Unfortunately, there are times when amputation negligence can be fatal. If a loved one has died, and it was someone else’s fault, you still might be able to make a claim. The financial support you receive can help with any legal expenses, funeral costs or other costs you need to cover.

   

• Why should I make an amputation negligence claim?

  We understand that making an amputation negligence claim can’t take away the pain and suffering you’ve been through. However, it may provide financial support to cover the costs of any ongoing medical treatment, loss of earnings and home adaptions. 

  It may also highlight any issues with the standard of care provided by a particular healthcare professional or institution. This could prevent this happening to anyone else in the future. You may also receive an apology for what you’ve been through.

  If you choose Shoosmiths to help you make a claim, we work with third party support networks which could be made available to you in order to ensure that you receive all the emotional and practical support you need – even long after your claim is settled.

• Is there a time limit for making amputation negligence claims?

  Yes, there is. If you’d like to make an amputation negligence claim, you must do so within three years of the date of the incident. It doesn’t apply if you are claiming on behalf of a child under the age of 18, however. 

  Your case may take months – or even years – to resolve depending on the severity and complexity of your circumstances. For this reason, we recommend you contact us as soon as possible, so you have the best chance of receiving the compensation you need.

• How do I fund my claim?

  We will discuss with you what the most suitable and appropriate funding is available for you, including pursuing a claim on a No Win No Fee basis.

  Find out more about how making a No Win No Fee claim works.

• How much compensation will I receive?

  The amount of compensation you’ll receive will depend on the severity of your injuries and the impact that it has had on your life. Your serious injury solicitor will gather evidence and obtain expert opinion on the physical impact of your amputation and the effect it has had on your life. They will look into 

  • The severity of your physical injury and the pain and suffering it caused.
  • The financial impact the amputation has had on you. Your solicitor takes into account any medical costs you need to cover – such as equipment, treatment and medication. They also look at any adaptations you need to make to your home, such as enhanced accessibility if you’re in a wheelchair.
  • The effect the accident has had on your ability to work. Your solicitor will establish if you’re able to continue in your job and any income you may have lost.
  • The impact on your life as a whole – including how the amputation has affected your family and if you’re still able to take part in your favourite pastimes.