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Amputation Claims
Our Resolve. Your Resolution.
If you or a loved one have required a limb amputation because of negligent medical care, taking the first step to contact our specialist medical negligence team will place you on the path to the compensation that will help you to move forward.
We understand that this is a difficult and distressing time for you, so our medical negligence specialists can support you to secure the compensation you may be entitled to.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
There can be a variety of issues that may result in an amputation. Types of negligent treatment include:
Issues with diagnosis occur when a healthcare professional has failed to diagnose the condition correctly or has caused a delay in diagnosis of the condition. Either of these scenarios can result in further complications arising, including amputation. The most common example of a missed or delayed diagnosis is sepsis or other infection. These illnesses require prompt intervention, meaning that diagnosis needs to happen quickly. The failure to identify the appropriate diagnosis and treatment can allow the condition to develop and lead to amputation
If you or a loved one have suffered a limb amputation as a result of medical negligence, you may be entitled to pursue a claim for your physical and psychological injuries, as well as the financial burden placed on you as a result of your injury.
Often, the injured person will bring a claim themselves but there are some situations in which someone else can act on their behalf. Parents or guardians can bring a claim on behalf of a child under the age of 18. ‘Litigation friends’ can act on behalf of someone who lacks mental capacity, in accordance with the Mental Capacity Act 2005 and in fatal cases, the claim can be brought on behalf of the Estate, or any dependents, by the Executor or Administrator of the Estate.
The timeframe to pursue a claim may differ when bringing a claim for any person unable to pursue the claim themselves, for the reasons identified above.
Throughout the claim, assessments are undertaken of the prospects of success in your case, to ensure you are notified of any potential issues surrounding liability and/or a resolution of your case, at the earliest opportunity. Transparency throughout our communication gives you the ability to make informed decisions about the progress of your claim.
For more information relating to the elements required to succeed in a claim, please see our medical negligence guides here.
In amputation claims, the financial losses can be significant. You may be out of work as a result of your injuries, and you may have a range of complex needs requiring financial support, such as aids and appliances to help you to maintain your independence, or adaptations to your home.
The aim of all medical negligence claims is to place you in the position you were in prior to the alleged negligence, insofar as is possible. The only feasible way of achieving this goal is to financially compensate you for your injuries, as well as past and future financial losses including, but not limited to, the future costs associated with treatment that will assist with your recovery.
There is no one size fits all approach when it comes to the financial losses involved in a claim; your own circumstances and losses should be assessed by your representative and included within your claim where appropriate.
At the end of a successful claim, you will have the benefit not only of financial compensation, but also expert advice on suitable steps that can be taken, and treatment options available to you, to provide you with the necessary tools to assist you in continuing the road to recovery.
To start the claim process, it is worth reaching out to medical negligence solicitors to have your claim assessed. You will be provided with advice tailored to your individual circumstances, so you can make an informed decision as to how you wish to proceed.
Once you have formally instructed a solicitor, they will begin the pre-action stages of their investigations. This involves gathering evidence in support of liability, causation and your injuries and prognosis.
For further information about the investigation of your claim, and the evidence required to support your claim, please see our medical negligence guides here.
All individual circumstances are different and so there are many variables to consider when assessing the full value of each claim.
The starting point for assessing the physical injury is the 17th edition of the Judicial College Guidelines which sets out the following categories for amputation injuries:
In addition to the compensation for your physical injury, you are able to recover damages for any psychological injury you have suffered, along wth the following heads of loss:
Your circumstances will be assessed and evidence gathered to support the full value of your claim, with a view to securing the maximum level of compensation to cover your current and future needs.
So that you have the opportunity to pursue justice and potentially secure fair compensation for your injury and loss, we manage medical negligence claims on a ‘no win, no fee’ basis. More formally called Conditional Fee Agreements, these funding arrangements are designed to take away the financial risk and uncertainty and make the claim process accessible to everyone. If your claim is unsuccessful, there is nothing for you to pay toward our fees. We explain the funding of claims in more detail in the Frequently Asked Questions further down this page.
Making a claim for medical negligence is not an easy decision; you may be feeling let down and frustrated with medical professionals that have been involved in your treatment and care, and this can make it difficult to engage with other professionals to pursue a claim.
It is important that your representative offers you the reassurance you need at this time that the claim process will be handled efficiently and with transparency in their advice to you.
We understand that you will wish to put this episode behind you as soon as possible and the claim process can be quite daunting. It is important that your representative can take the burden of the claim off your shoulders, allowing you to focus on your recovery from your injuries.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does an amputation claim take?
Timescales depend on several factors, including how quickly independent experts can report and whether the defendant is prepared to discuss responsibility and settlement. Claims are handled under the Civil Procedure Rules and the clinical disputes protocol, which encourages the parties to exchange information and try to resolve matters without a trial.
Where the issues are more involved, detailed investigation and specialist evidence are usually needed, so some claims can take a considerable period before they conclu
You should also be aware of the limitation deadline. In most cases, court proceedings must be issued within 3 years of the negligent treatment or from the date you first realised negligence may have caused your injury.
Do you offer no win no fee for amputation claims?
If, after reviewing your case, we believe it has better than 50% prospects of success, we may be able to act under a Conditional Fee Agreement, commonly called a no win, no fee arrangement. Under that agreement, our legal costs are generally recovered from the defendant if the claim succeeds. If the case does not succeed, or we discontinue acting, our fees are written off.
If your case is successful, a success fee and any unrecovered part of our costs may be deducted from your compensation.
There can also be other expenses, such as expert charges and court fees. Because those are separate from the Conditional Fee Agreement, we will consider whether legal expenses insurance is needed to cover them.
Our specialist team can explain the funding options available in a free, no obligation discussion and advise how they may apply to your circumstances.
What evidence is needed to make an amputation claim?
We usually start by obtaining your medical records from the organisations involved in your treatment and by preparing a witness statement setting out your account.
Those documents are then considered by independent medical experts instructed for the claim. Different expert reports may be required:
This report addresses whether the treatment fell below a reasonable standard and whether that failing caused or materially contributed to your injury. It is prepared by an expert working in the same or a closely related field.
If supportive evidence is obtained on breach of duty and causation, we then gather evidence about the injury itself, how long recovery may take and the likely long-term outcome. More than one report may be needed, including for physical and psychological harm.
We will also collect documents showing any financial losses connected to the negligence so the value of the claim can be assessed properly.
Are there time limits to bringing an amputation claim?
Under the Limitation Act 1980, a medical negligence claim usually has to be issued at court within 3 years. If that deadline passes, the claim may be statute barred unless the court gives permission for it to continue, which happens only in limited situations.
There are exceptions that can change when time starts to run, including:
Will I need to go to court to make an amputation claim?
Not every medical negligence claim requires court proceedings. Wherever possible, efforts should be made to resolve the matter through negotiation and settlement.
However, if liability is denied or the amount of compensation cannot be agreed, court proceedings may be necessary. That places the case on a formal timetable, with a trial as the final stage if settlement is still not reached.
Can I bring an amputation claim on behalf of someone else?
Yes. A claim can sometimes be brought on behalf of another person, for example where they are a child, lack mental capacity or have died. Advice on the particular circumstances is important so the right person is appointed to deal with the case.
How much compensation can I claim for an amputation arising from medical negligence?
The amount of compensation depends on independent expert evidence about your condition and prognosis. That evidence helps assess the seriousness of the injury, how long it will affect you and whether the impact is physical, psychological or both.
We also gather evidence of financial losses, which may include lost earnings, treatment costs and care or assistance needs.
It is rarely possible to value a claim accurately at the very beginning. A full investigation is usually required so the claim reflects both past losses and future requirements.
We understand many clients want an early indication of value. As the evidence develops, our team will keep you updated on how the valuation of the claim is progressing.
How is amputation claim compensation paid out?
Once the claim settles or the court gives judgment, the defendant normally has 14 days to make payment of the compensation due.
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