Amputation negligence claims

Who can make an amputation negligence claim?

Anyone who has suffered a limb amputation as a result of medical negligence may have the grounds to claim compensation, types of negligent medical care that may result in amputations include:

• a misdiagnosis
• delayed diagnosis
• delayed referral
• delayed treatment
• surgical errors
• inadequate post-operative care

Claims can be made by the injured person themselves or, in cases where the individual is unable to claim, by a legal representative, guardian, or family member on their behalf.

What types of medical negligence can result in amputation?

Medical negligence, also referred to as clinical negligence occurs when healthcare professionals fail to provide the standard of care expected, resulting in harm to the patient. If their mistakes lead to the need for an amputation, you may be entitled to make a claim for compensation. This can involve a wide range of medical professionals, including doctors, surgeons, nurses, or any  healthcare provider, all of whom have a duty of care to their patients.

Some examples of medical negligence that may cause amputation include:

Delayed treatment or misdiagnosis

This is any situation where a medical professional has failed to diagnose your illness correctly – or caused a delay in diagnosis. If certain conditions are not diagnosed in the early stages, further complications can arise – including amputation. Some of the most common illnesses that are misdiagnosed include:

• Cancer – if doctors fail to spot cancer in initial tests, treatment can be delayed and make the disease harder to treat. If cancer is located within bone, blood vessels or nerves, amputation may be necessary to stop the disease from spreading.
• Meningitis – this infection of membranes around the brain and spine can cause septicaemia and permanent brain damage. Meningitis is a very serious condition that must be treated quickly to reduce the risk of further complications. Amputation of limbs, fingers or toes may be needed in the most severe cases.
• Other infections – some people require an amputation due to infections that aren’t treated properly or fast enough, leading to life-threatening illnesses such as sepsis. Identifying the warning signs of a bacterial infection and quick treatment is necessary to minimise the risk of further complications.
• Sepsis – this life-threatening condition occurs when your body tries to fight an infection. The immune system goes into overdrive, sending chemicals into the bloodstream, which causes inflammation throughout the body. This can lead to septic shock. If not treated quickly, tissue can be damaged by a sepsis infection, and amputation may be necessary.
• Vascular Compromise - is a blockage in a major vessel where there is a failure to diagnose or treat.
• Inadequate care of diabetes - causing complications such  as foot ulcers.

If you’ve had a condition that has been misdiagnosed or mistreated and it has caused you to have a limb amputated, you may be able to make a claim for compensation.

Surgical errors

Unfortunately, mistakes can be made during surgery. There are a wide variety of errors that can occur, such as:

• Performing an incorrect operation. It should never happen, but there have been instances where the wrong limb has been amputated
• Causing damage to organs, nerves or muscles
• Sub-standard hygiene after surgery can lead to infection in the amputated stump

All medical staff have a duty of care to their patients and their work must meet certain standards. A surgical error is likely to fall below the required standards, so you may be able to claim compensation if you’re the victim of such negligence resulting in amputation.

If the negligence necessitates an amputation, then you can make a claim for compensation. For more information, read our article discussing some of the common causes of amputation.

Why choose Shoosmiths for your amputation negligence claim?

In any personal injury or clinical negligence claim, it’s important to know that you can trust the people you turn to. Rebuilding your life after an injury can be difficult and challenging, and the last thing you need is any additional stress or uncertainty. 

At Shoosmiths, we treat every individual with care and understanding. Our lawyers work hard to get you the compensation to ensure that your needs are provided for now and into the future.

Not only are we with you at each stage of the claims process, but we’ll also stay by your side for years to come – even once your claim is settled and compensation awarded.

You can trust that we have the right expertise – we have specialist accreditations, and we comply with best practice and standards:

• We're accredited by the Law Society Personal Injury Panel; Association of Personal Injury Lawyers (APIL); Headway; and Action against Medical Accidents (AvMA)
• Our team is recognised by Legal 500 and Chambers and Partners UK for their specialist knowledge, expertise and understanding of serious injury claims
• We’re signed up to the APIL/FOIL Guide to the Conduct of Cases Involving Serious Injury

Amputation negligence client stories

We’ve helped many people achieve the compensation they need, including Leysa Hardy, who was involved in a road traffic accident that led to the amputation of her leg below the knee. To find out more about how we helped to secure compensation worth £1.9m, read Leysa’s story – or watch the video below:

What our clients say