Amputation claims: compensation for loss of limbs

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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.

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 clinical 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.

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 clinical 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.

We offer expert advice on:

  • negligent surgery
  • 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 amputations, including removing the wrong limb
  • negligent wound management, including ulceration
  • negligent delays in treatment of vascular conditions, including DVTs
  • delays in diagnosing and treating compartment syndrome
  • road accidents
  • workplace accidents

Recent work highlights

£3 MILLION IN DAMAGES FOR AVOIDABLE BELOW-KNEE AMPUTATION

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

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP