Amputation Negligence Claims

If you have undergone an amputation that was required because of mistakes made by a medical professional, our solicitors can help you to claim compensation. 

Losing a limb is a life-changing event, but those caused by medical negligence are even harder to deal with. Making an amputation compensation claim can help you get your life back on track by covering any financial losses related to the negligent treatment you experienced.

At JMW, we understand the trauma that comes following an amputation and are here to guide you through the legal process. We have helped many people to secure loss of limb compensation that has helped them rebuild their lives, including by paying for assistive devices, adaptations to homes and vehicles, and further medical treatment. In many cases, you can make a no win, no fee amputation claim, which removes the financial risk of this decision.

JMW's experienced medical negligence solicitors offer straightforward and sensitive advice. Our medical negligence team will take on the burden for your claim, so you can focus on your recovery. To learn more about how we can help or get the process started, contact us today by calling 0345 872 6666, or complete an online contact form and one of our solicitors will be in touch.

How JMW Can Help

At JMW, our specialist amputation lawyers are experts in securing compensation for people who have suffered a medical negligence amputation. Claims can not only support you financially, but also give you a sense of closure and help to make sure other people don't experience the same medical errors that affected you.

Headed by leading clinical negligence solicitor Eddie Jones, our team is widely regarded as one of the best of its kind in England and Wales. JMW has many years of experience in handling amputation and loss of limb claims, securing many significant settlements in cases of medical negligence.

Our team includes lawyers who are members of the Law Society’s specialist panel for clinical negligence and the Action against Medical Accidents (AvMA) solicitors’ panel. Call us today to talk about your circumstances and find out whether you are entitled to make an amputation claim.

How Can Medical Negligence Lead to an Amputation?

There are many circumstances in which medical negligence results in a patient needing to have a limb amputated. Some of the circumstances for which you can make an amputation claim include:

• Misdiagnosis of cancer
• Incorrect care of diabetes
• Untreated or delayed treatment of an infection
• Surgical errors
• Poor management of peripheral neuropathy in diabetic patients
• Incorrect treatment of fractures causing tissue damage

JMW has helped many people to make an amputation medical negligence claim based on the circumstances above. 

To prove that you experienced negligent treatment and are entitled to compensation, we must demonstrate the following:

1. A duty of care: We must prove that a doctor or healthcare provider owed you a duty of care, which all registered medical professionals owe to their patients, and this duty arises automatically in the context of a doctor-patient relationship. This means delivering services at the standard expected of a reasonable and responsible professional. 
2. Breach of duty: We need to show that the medical professional breached their duty by failing to meet the standard of care expected of a reasonable and responsible practitioner in that area of medicine. This means considering whether a doctor, nurse or other medical professional made an error that no competent professional in the same field would have made. If so, this is a breach of the duty of care.
3. Causation: We must demonstrate that the breach of duty directly caused an injury or amputation. If the outcome would have been the same even with proper care, causation may not be established. You will only be entitled to compensation if the negligent treatment you received was responsible for your condition getting worse.

If you speak to our expert solicitors about your experiences, we can help you to assess whether you are entitled to compensation, discuss the evidence you may need to collect, and determine the next steps for your case.

What Evidence Do I Need for an Amputation Negligence Claim?

For an amputation medical negligence claim, we must gather a body of evidence that proves the legal elements of duty, breach, causation and loss. The aim is to prove that avoidable medical errors caused or materially contributed to the need for amputation, or led to complications arising from negligent post-amputation care.

Your solicitor will help you to gather evidence, which typically includes:

• Medical records that document your medical history, symptoms, referrals, and any delays in diagnosis or treatment. This will include records relating to both your original condition or reason for needing treatment, the treatment you received, and any evidence relating to your amputation itself. Where relevant, we will secure GP, hospital and A&E notes, inpatient charts, treatment plans, diagnostic test results, discharge summaries, surgical records, and more. These records establish the timeline of your treatment and can show omissions, delays, or failures to meet clinical standards.
• Opinions from independent medical experts on your treatment and condition. We will speak to a suitably qualified medical expert to assess whether the treatment fell below the standard expected and if the harm was avoidable, and to prove that the negligent act or omission caused or materially contributed to the amputation. Experts can also assess things like the long-term impact, your future treatment needs, and the disability arising from the amputation, which will affect the amount of compensation you are awarded.
• Witness statements from you and any relevant eyewitnesses who can provide factual narratives. Your statement is an opportunity to outline your symptoms, treatment experience, communication with clinicians, and how the amputation has affected your daily life. We may ask family members or carers to give context to your condition pre- and post-injury and speak about the quality of care you received. We may also ask healthcare staff to provide statements.
• Any photographic or visual evidence that documents the deterioration of wounds, infections, poor post-operative wound care or unhealed ulcers that led to the amputation may be included. Photos demonstrating the physical effects of limb loss, prosthesis use, or adaptation needs can also support your claim.
• Employment and financial records to support claims for loss of earnings or capacity. Documents we may need include payslips and employment contracts, tax returns and bank statements, or receipts for additional costs.
• Additional documents such as a pain diary or journal describing your experience in treatment and during your recovery. Reports from a psychologist can support claims that include phantom limb pain, depression or PTSD. Any written complaints you made and responses you received from medical staff, or communications in general, should be gathered.

An amputation medical negligence claim requires a combination of factual, expert and personal evidence, but do not be put off if you can't gather the evidence yourself. Contact the medical negligence solicitors at JMW for advice on whether you are entitled to claim, and support in collecting the evidence you need.

How Much Compensation Will I Receive?

There is no standard compensation amount for medical negligence cases, as the nature of your injury and its effects on your life will determine how much compensation you may be owed. Compensation payments are divided into two elements: general damages and special damages.

General damages compensate for the physical and psychological effects of your amputation, including any pain, suffering, and loss of amenity. Aspects like pain from the injury or treatment, loss of function or mobility, the impact on your quality of life or hobbies, and any emotional distress or trauma will be factored in. The value is typically assessed using Judicial College Guidelines, which provide minimum and maximum guidelines for general damages. 

Special damages cover financial losses directly resulting from the negligence, which is often the most valuable part of the claim. This often means past and future loss of earnings, and the costs of any medical treatment or rehabilitation you need. However, outgoings like travel expenses for journeys to medical appointments, and the costs of care and assistance (whether paid or unpaid), equipment, prosthetic limbs, or home adaptations can also be covered. We will determine how much you are owed in special damages using receipts, invoices, or other documentation.

With all of this taken into account, any compensation you receive for an amputation claim after suffering from amputations negligence can be used to:

• Purchase better-quality prosthetic limbs
• Access rehabilitation and therapy
• Purchase specialist equipment, such as a modified vehicle
• Pay for private medical treatment and cover other medical expenses (such as prescription costs)
• Adapt your home or move to new accommodation to better suit your needs
• Replace lost earnings and provide future financial security if your amputation means you can no longer do the same job

We will consider all of these when calculating the harm your amputation caused and the things you will need as you move forward. Once we have determined how much compensation you should receive for your amputation claim, we will fight to secure the maximum amount possible, whether by negotiating with the liable party or in court.