Amputation Due To Medical Negligence Compensation
The Law Of... Removing The Wrong Limb
Although the standard of healthcare in the UK means medical negligence is relatively rare, mistakes can sometimes happen. Medical Negligence claims Solicitor, Alison Hills, looks at amputations resulting from medical error or misdiagnosis.
What Is Amputation Due To Medical Negligence?
The amputation of a limb is usually a last resort measure, undertaken when all other options have been exhausted or where no other course of action will be effective. It is a devastating injury with life-changing consequences for the patient.
Where medical negligence and a surgical error or a misdiagnosis has occurred, the resulting complications may require an amputation to prevent further deterioration or fatality.
As well as the obvious physical obstacles associated with amputation, there are also the emotional and psychological issues to take into account. Knowing that an amputation could have been avoidable can aggravate these issues further.
What Forms Of Medical Negligence Can Lead To Amputation?
Types of medical negligence that can necessitate a wrongful amputation include:
- Misdiagnosis – A misdiagnosis can mean a delay in treatment. The risk of delaying treatment is that it can allow progressive conditions to worsen. In the severest of cases, and dependent upon what the illness or problem is, this can lead to there being no option other than to amputate, either because the damage is beyond repair, or to prevent the condition compromising the rest of the body.
- Infection – An infection developed while in hospital as a result of poor hygiene standards, or one that was misdiagnosed, again delaying treatment, can lead to amputation. Severe infections or ones that result in sepsis may become unresponsive to medication and require removal of an affected limb to prevent the spread to healthy tissue or fatality.
- Surgical error – A mistake during a surgical procedure, or one that was carried out unnecessarily, can have catastrophic consequences if the resulting damage means an amputation is unavoidable. It can also include cases where an amputation was carried out without actual need for one, or when the wrong limb has been removed.
What Can I Do If I Had A Limb Amputated Due To Medical Negligence?
If you had a limb amputated and you believe it was a result of medical negligence, you may be entitled to compensation.
You should seek legal advice from a professional and independent law firm with a medical negligence department capable of handling claims of this nature.
Why Should I Make A Claim For A Wrongful Amputation?
A successful claim for an amputation due to medical negligence will:
- Provide a financial settlement that can help you readjust to life after a wrongful amputation and provide any care, equipment or physical, psychological or emotional support you may need
- Raise awareness of the medical negligence that took place, ensuring it does not lead to other patients undergoing avoidable amputations.
How Do I Make A Compensation Claim For A Wrongfully Removed Limb?
To make a compensation claim for an amputation resulting from medical negligence you should speak to a law firm with proven experience in successfully representing cases of clinical error.
How Long Do I Have To Make A Claim For A Wrongful Amputation?
There is a time limitation on medical negligence cases, meaning you have 3 years from when the amputation took place to begin your claim.
If you are claiming on behalf of a child, you have until their 18th birthday to start proceedings, after which it will become the child's responsibility and the 3 year deadline applies.
If the child or adult is classed as a 'Protected Person' – defined by the Limitation Act as incapable of handling their own affairs due to mental disorder – there are no time limits on making a claim.
What Do I Do Next?
If you believe your limb was amputated as a result of medical negligence, contact Simpson Millar today.