Amputation claims: compensation for loss of limbs

At Penningtons Manches Cooper, we have a long history of advising on amputation claims for both adults and children. Our team of specialist lawyers has expertise in all types of compensation claims for loss of limbs, or part of a limb, and supports clients at every stage of their recovery and rehabilitation.

Legal advice on claims relating to loss of limbs

Amputation can be caused traumatically during an accident, or can be performed surgically, usually because of irreparable physical damage. The impact is often life-changing, physically and emotionally, affecting day-to-day life, relationships and work.

Sometimes, the physical damage is the result of medical negligence, whether through misdiagnosis of an underlying health condition, an unacceptable delay, incorrect medical treatment, or surgical error. Where the amputation claim is related to medical treatment, we must prove that the surgeon or practitioner was negligent. Certain patient groups are known to be at greater risk of amputation and therefore require particular care.

A personal injury claim for loss of limbs can occur in many different scenarios, including road accidents involving pedestrians, cyclists, motorcyclists or another driver, accidents in public places and accidents at work such as injuries caused by dangerous machinery. In order to pursue a compensation claim, our lawyers have to investigate how that accident happened, who caused or contributed to it, and whether their action or inaction presented a foreseeable risk of injury. The amount of damages recoverable will be unique to each case.

Many patients instruct lawyers after the loss of a limb because they are worried about the practical and financial implications of their injury. The thresholds to establish a legal claim are high, but we have an excellent track record of success. Wherever possible, we look to secure early agreement with a potential defendant during an amputation claim to pay for an immediate needs assessment to identify and fund initial treatment and rehabilitation therapy. Our solicitors are regularly instructed to negotiate and secure interim payments to help clients meet their funding priorities. For example, patients who have a leg amputation claim may need adaptions to their accommodation or may want to pay privately to optimise their prosthetics.

The team were exceptional in understanding the nature of my injuries, guiding me through the complexities and explaining them to me in layman’s terms and with compassion.

Our bespoke approach to advising clients means we take time to understand their personal circumstances, their home life, work and leisure, and how their future plans have been affected by amputation. Through long experience of loss of limb claims, our solicitors have built a strong and effective network of relationships with experts in a wide range of relevant fields of expertise. The high quality evidence we can thus obtain is a core aspect of every compensation claim and informs our work to value and present each case strongly and robustly.

We are proud to be recognised for offering specialist personal injury and medical negligence expertise and combining practical solutions following the loss of a limb with exemplary legal advice. Our empathy for every client’s individual circumstances enables us to achieve the best possible outcome for them. Initial consultations to discuss amputation claims are offered free of charge and without obligation. Funding options available include no win no fee (conditional fee) agreements.

How we help our clients

Claims relating to negligent surgery

Advice on failure to diagnose and operate with appropriate urgency

Late diagnosis or treatment of some cancers

Negligent management of fractures

Delays in diagnosing and treating infection

Mismanagement of diabetes and the complications of diabetes

Unnecessary amputation cases, including removal of the wrong limb

Claims for negligent wound management, including ulceration

Negligent delays in treatment of vascular conditions, including DVTs

Delays in diagnosing and treating compartment syndrome

Injuries arising from road accidents

Serious workplace accidents

Useful resources

Funding a personal injury claim

Making a personal injury claim

A guide to negligence claims linked to paediatric orthopaedic surgery errors at Great Ormond Street Hospital

They have genuine strength in depth and are really down to earth, committed, and true specialists in their field.

The team were extremely professional and competent and I always felt that my case was in very good hands. Above this, however, I appreciated their kind and sympathetic manner through the process.

First class: professional, friendly, sensitive and ultimately successful! Thank you so much.

I felt that my solicitor was really fighting for what she thought I deserved. She was a great match. Her advice was important to me.

Everyone at Penningtons has always treated me with respect and compassion and done their best to help with my situation. I feel the whole team really have my best interests at heart.

Recent work highlights

£3 million in damages for avoidable below-knee amputation

Settling a claim shortly before High Court trial where negligent management of vascular injuries caused compartment syndrome and led to a below-knee amputation that would have been avoided had the patient received appropriate care.

Infant leg amputation due to delay in diagnosing meningitis

Acting for a young boy who had to have his leg amputated at just 20 months of age after the local hospital’s emergency department failed to recognise the seriousness of his condition.

Settlement with Motor Insurers’ Bureau following road accident

Obtaining substantial compensation from the Motor Insurers’ Bureau for a motorcyclist who had his leg amputated below the knee after being hit by a car that was driven through a red traffic light.

Settlement for diabetic patient suffering lower leg amputation

Settling a substantial claim for a diabetic patient where repeated failures to appropriately respond to ulceration on his foot ultimately led to him needing a below knee amputation.

Failure to recognise critical limb ischaemia

Issuing High Court proceedings in a case where two primary care providers failed to take a proper history and properly assess our client leading to a delay in diagnosis of critical limb ischaemia and a lower limb amputation.

Settlement of claim for elderly patient after vascular errors

Acting for a client who underwent lower limb surgery due to vascular issues but part of the equipment used was erroneously left in a blood vessel. This caused a further blockage ultimately leading to amputation of the leg.

Case studies

We obtained approval for a settlement on liability in a claim brought on behalf of a child against Watford General Hospital in relation to an alleged negligent delay in diagnosis of meningococcal septicaemia. As a result of this delay, the child’s leg had to be amputated.

We recently settled a complex medical negligence claim for £4 million in damages on behalf of a client who served in the Metropolitan Police service. Our client suffered osteomyelitis and septic arthritis following a negligent delay in diagnosis of a knee wound infection.

The personal injury team at Penningtons Manches Cooper has recently negotiated the settlement of a claim for a client in his fifties who suffered a below knee amputation as a result of a road traffic accident.

We have negotiated the settlement of a claim for a client in his 70s who suffered a below knee amputation as a result of a road traffic accident. He was riding his moped along a main road when a car pulled out of a side junction.

We have secured a considerable financial settlement for our clients who pursued a claim on behalf of their late mother relating to a delay in diagnosing and treating her ankle infection which caused her premature death.