When does limb loss become a legal matter?

It is estimated that there are 60,000 – 70,000 people living with limb loss in the UK. For many, amputation is because of illness, an accident, or a known surgical risk. But for some, the loss of a limb is not inevitable; it’s the result of a misdiagnosis, a delay in diagnosis, or a failure in care that should never have happened.

In this guide, our specialist lawyers explain how to tell when limb loss and amputation may give rise to a medical negligence or personal injury claim.

When amputation is and isn’t someone’s ‘fault’

Many people are hesitant to even contact a solicitor because they feel guilty about complaining about the NHS or a medical professional. They wonder if it’s unethical to make a claim against an already stretched health service or wonder if what happened was simply bad luck.

Medicine involves risk, and medical professionals sometimes face situations where there is sadly no good outcome, only a ‘less bad’ one. An amputation carried out to save a patient’s life, where every reasonable and appropriate step was taken, is unlikely to be negligent.

However, the law recognises that patients are owed a duty of care, and that when that duty is breached, through error, inattention, or a failure to follow established clinical guidelines, and that breach causes harm, the patient deserves compensation.

The same applies to personal injury. Using a workplace accident as an example, an employer owes an employee a duty of care, e.g. to provide adequate PPE or training, and if that employee is injured because their employer failed in their duty of care, that individual may have grounds for a personal injury claim.

Common causes of avoidable amputation

There is no single pathway to a medical negligence or personal injury claim for limb loss; however, common examples include:

Delayed diagnosis or treatment of infections or medical conditions

When symptoms are dismissed or referrals delayed, tissue can deteriorate, making amputation unavoidable where it might not have been. This is particularly common in the mismanagement of diabetes-related issues such as foot ulcers. If the blood supply is restricted to a certain area, such as by a blood clot, then this can also lead to tissue death.

Surgical errors

Errors during orthopaedic or vascular surgery, including wrong-site surgery, accidental damage to blood vessels or nerves, or failures in post-operative care, can result in limb loss.

Sepsis

When sepsis is not recognised and treated quickly, infection can spread rapidly, including to limbs. Missed or delayed sepsis diagnosis is a common trigger for medical negligence claims involving amputation.

Failure to treat meningitis

Meningitis is a serious disease, and if not treated quickly and properly, it can lead to sepsis and tissue death, requiring amputation. Read more about meningitis misdiagnosis here.

Workplace accidents

Not all amputation claims are against hospitals. If you are injured in an accident at work due to unsafe conditions and your employer’s failure in their duty of care, requiring amputation, you may be able to make a personal injury claim.

Road accidents

Accidents involving bicycles, motorcycles and cars can be particularly damaging, often leaving victims with injuries that have a lasting impact on their quality of life. If you have been involved in a road traffic accident that wasn’t your fault, you may be able to make a personal injury claim for compensation.

How claiming compensation can help

In an amputation claim, whether it’s related to medical negligence or personal injury, compensation can help with:

• Funding rehabilitation, e.g. physiotherapy, occupational therapy and pain management, as well as psychological support.
• Loss of earnings: if you are unable to work while you recover or your ability to work has been permanently affected, compensation can help cover lost income and future earnings.
• Care and assistance: compensation can help pay for care at your home or for a loved one who has given up work to provide support.
• Prosthetics: compensation can help pay for prosthetics, which normally cost tens of thousands of pounds.
• Aids and equipment: if you need a wheelchair, another mobility aid, or specialist equipment to use in the kitchen, compensation can assist in buying these items and replacing them over the course of your life.
• Accommodation: if you are unable to manage around your current home due to stairs or other step access, or bathrooms that are not adapted or unsafe, compensation can assist in either making your current home more accessible or can be used to purchase a different home.

Your solicitor will advise you on how your claim is valued, what your compensation can go towards and also advise you on managing this, including in a Personal Injury Trust.

How long do I have to make an amputation claim?

In most cases, you have three years from the date of the negligence or injury to start a claim. There are some exceptions, e.g. for children, those who lack mental capacity and in fatal accidents; however, your lawyer will be able to advise you on this.

Limb loss and amputation case studies

Read more about how our specialist lawyers have helped individuals affected by limb loss below:

• £1.85m for a man who had his leg amputated due to a delayed diagnosis of AAA
• £120,000 for failure to diagnose a serious blood clot, resulting in amputation
• Five-figure settlement for thumb amputation following acrylic nail application
• Finger amputation after a machinery accident
• £72,500 for a cyclist with traumatic amputation

How we can help

If you have lost a limb and you believe that negligence, medical or otherwise, may have been a factor, get in touch. Our friendly team will take the time to listen to what has happened and advise you on the next steps.

For an initial chat about claiming compensation for limb loss or amputation, call 0117 325 2929 or fill out our online enquiry form.