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A guide to amputation negligence claims:
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MG Legal's no win no fee medical negligence solicitors accept all claims on a "No Win, No Fee" basis and have a success rate of over 99%
What is a medical negligence amputation claim?
Medical Negligence claims are governed largely by two legal precedents, the first, Bolam v Friern, set the standard by which medical professionals are to act, and the second, Montgomery v Lanarkshire, governs what must be covered by pre-treatment consent. There are a wide variety of ways in which medical negligence leading to amputation can occur, although some of the most common areas of negligence can be described by the below:
Mismanagement, delay or mistakes in treating injuries after a traumatic incident, such as a car accident or accident at work;
Poor aftercare for surgical procedures, leading to infection, gangrene, osteomyelitis and sepsis;
Missed, late or misdiagnosis of meningitis and encephalitis;
Missed, late, or misdiagnosis of vascular disease;
Errors during surgery causing damage severe enough to warrant amputation;
Failure to diagnose or properly advise on diabetes;
Errors in amputating the incorrect limb.
Am I eligible to make a medical negligence claim?
In order to make a successful amputation negligence claim for financial compensation, you must be able to prove two things.
That a doctor or medical professional made a mistake or acted negligently in your treatment
That this act of negligence directly led to an injury or illness requiring your avoidable amputation to be carried out
If, working with your expert medical negligence solicitor, you are able to prove both of these things, then you could make a successful amputation negligence claim for financial compensation. To find out whether you are eligible to make an amputation negligence claim with our medical negligence solicitors, simply get in touch here.
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Can you sue for amputation negligence?
The short answer to this question is yes. If you have undergone an amputation due to medical negligence, or a medical misdiagnosis, this could lead to a successful medical negligence claim.
These types of medical negligence claims are particularly complex and can become extremely complicated, which is why they require the assistance of a legal expert, such as our specialist medical negligence solicitors.
Amputation negligence caused by a failure to diagnose other diseases:
Often, a doctor’s failure to properly diagnose a serious medical disease in due time can lead to amputation being necessary. The missed diagnosis of these conditions can lead to an amputation negligence claim:
Meningitis
Vascular disease
Diabetes
There are a number of other serious medical conditions that could result in an amputation being carried out if they are not properly diagnosed in time. If you have suffered from an amputation due to the missed diagnosis of thes conditions, or any other condition, then you could be eligible to make an amputation negligence claim. Contact our medical negligence solicitors today to speak with a specialist solicitor.
How much is my amputation negligence claim worth?
In a clinical negligence amputation claim, your injury compensation is known as “General Damages”, or a claim for pain, suffering and loss of amenity.
When you instruct MG Legal, you will see a medical expert regarding your medical injuries. The medical expert will produce a full medical report report which summarises your injuries and gives the most likely prognosis for your injuries.
We then take those reports, and compare these with the Judicial College's guidelines on injury compensation. Awards for amputations are some of the highest, often reaching into the hundreds of thousands of pounds, and with good reason.
Some awards are detailed as follows:
Loss of both arms: Awards can reach as much as £281,520.00 if both arms are lost close to the shoulder;
Loss of one arm: Awards can reach £128,710.00 for amputation at the shoulder, with amputation above the elbow reaching awards of £122,680.00;
Loss of one forearm: Awards can reach £102,890.00;
Loss of both legs: Awards for amputations where both legs are amputated and at least one has been lost above the knee can reach £264.650.00;
Loss of both legs below the knee: Awards can reach £253,480.00;
Loss of one leg below the knee: Awards can reach £124,800.00;
Loss of one forearm: Awards can reach £102,890.00;
Loss of both legs: Awards for amputations where both legs are amputated and at least one has been lost above the knee can reach £264.650.00;
Loss of both legs below the knee: Awards can reach £253,480.00;
Loss of one leg below the knee: Awards can reach £124,800.00;
Loss of both hands: Awards can reach £189,110.00;
Loss of one hand: Awards can reach £102,980.00;
Loss of Index finger and either ring or middle finger: Awards can reach £85,170.00;
Loss of little finger: Awards can reach £11,490.00;
Loss of all toes: Awards can reach £52,620.00;
Loss of big toe: Awards can reach £29,380.00;
In addition to this injury compensation, you are also entitled to make a claim for other losses, also known as “Special Damages”. These are your financial losses caused by the clinical negligence, and can include monies you have not received, such as lost earnings due to time off work, and potential lost earnings due to an amputation.
When combined, these two types of damage make a “global settlement” which is intended to compensate you for all of your losses arising from the negligence. MG Legal’s expert clinical negligence solicitors will ensure that your global settlement maximises all possible losses so that you are fully compensated for all of your injuries and lost monies.
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Amputation negligence caused by a failure to treat infections timely:
Many infections, especially those of the blood and arteries, need fast diagnosis and treatment in order to allow a full recovery, and if this does not happen, they can lead to amputation.
Some of these infections include:
Skin infections- such as necrotising fasciitis
Bone infections- such as osteomyelitis
Blood infections- such as Buerger's disease
Peripheral artery disease
All of these conditions require an early diagnosis and immediate medical treatment in order to prevent a medical amputation from being necessary. Therefore, if you have seen a doctor or medical professional wile displaying symptoms for these infections, or any other infections, and have not received a timely treatment, leading to an avoidable amputation, you could make an amputation negligence claim with MG Legal.
Why make an amputation negligence claim?
Amputations of any type can be extremely painful, emotionally distressing, and significantly life-changing. If you have suffered from an amputation due to medical negligence of any kind from a medical professional, there is nothing that can change what has happened, and the fact that you have lost a limb.
Still, you could get the justice that you deserve through an amputation negligence claim for financial compensation. These claims allow people to come to terms with what has happened to them, and to rebuild their life after what they have been through.
Our specialist medical negligence solicitors know that the time after a negligent amputation can be extremely challenging, and that you may feel like you are unable to take on any extra stress. However, when our specialist medical negligence solicitors work on your claim, they will act with care, compassion, and sympathy, handling all of the stress involved in your claim, and allowing you to focus on getting your life back on track.
Our straight-forward no win no fee claims process:
Free, no obligation consultation
MG Legal's specialist solicitors offer a free, no obligation consultation to all potential clients.
Start your no win no fee claim
We accept all claims on a no win no fee basis, and will begin building your claim the same day.
Hassle-free claims process
Your designated solicitor will be in regular contact, and keep you updated throughout the claims process.
Maximum compensation awards
Our team go above and beyond to achieve the maximum financial comepnsation for our clients.
Can I make an amputation claim on behalf of a loved one?
If your loved one has suffered an amputation or the loss of a limb due to medical negligence, you may be wondering if you can make an amputation negligence claim on their behalf.
If you have a child under the age of 18, or a relative who has been so badly injured that they are unable to make an amputation negligence claim on their own behalf, you could be able to do so on their behalf.
To answer any questions about how to make a medical negligence claim on behalf of a loved one, simply contact our medical negligence solicitors today, here.
Why choose MG Legal for my clinical negligence amputation claim?
If you have been subject to clinical negligence at the hands of a medical professional during surgery that has resulted in an otherwise unecessary amputation, in the last three years, get in contact with our expert team today. here.
Our specialised medical negligence personal injury solicitors have settled thousands of claims similar to yours, and have a success rate in excess of 99%. Read a collection of our team's glowing reviews, here. Our solicitors are so confident in their work and ability to win cases for our clients, that we take all of our cases on a No Win No Fee basis. This means that if we do not win your case, and obtain your financial compensation, then we do not get any money, and you owe us nothing.
Get in touch today, here, to speak to one of our team, or at one of our offices in Lancaster, Garstang, or Longridge. Home visits are available upon request.
How long do I have to make a clinical negligence amputation claim?
Generally speaking, you have three years to make a claim for personal injury if it occurred in England and Wales. This three year period starts either on the date of the negligent act, if you are immediately aware of it, or when you become aware of the link between your injury or amputation and the act of clinical negligence; this is referred to as the 'date of knowledge'.
These limits can sometimes be different, for example when dealing with children or patients with limited capacity. If in doubt, contact MG Legal’s specialist medical negligence solicitors to ensure that you receive the advice you need immediately and you do not miss any deadlines that might stop you making a clinical negligence amputation claim.
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No matter where you are injured across England and Wales, MG Legal's Medical Negligence Solicitors are here to help you to achieve the financial compensation that you deserve.
For a free, no-obligation consultation with a medical negligence solicitor, contact us online here. Or give us a call on 01772 783314
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