Medical negligence amputation injury claims solicitors.
If you have suffered an injury, or a delayed recovery period, as a result of sub-standard medical treatment, you may well be entitled to make a claim for compensation.
Claims involving amputations, for whatever the reason, are amongst the most serious that can be brought as they result in the most drastic impact on your life. MG Legal have specialist medical negligence personal injury solicitors who can help you make a claim, all on a no win no fee agreement.
What is a medical negligence amputation claim?
A medical negligence claim is any claim that arises from sub-standard treatment by any medical professional. This can be either in the form of missing a diagnosis and so letting a condition deteriorate, misdiagnosing something and so delaying the correct treatment or actively performing an unnecessary treatment or procedure such as, rather dramatically, amputating the wrong limb.
Often, amputation can occur because of another error that causes damage so severe, the limb cannot be saved.
Medical negligence can also take the form of failing to caution the patient of the risks of a procedure. So, even if there is no ‘mistake’ during the treatment, if you did not know about the risks beforehand, you may also be entitled to make a claim for medical negligence compensation.
Medical Negligence is 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 cancer;
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.
Can I make a personal injury compensation claim if my medical treatment was negligent?
Yes, you can. If you’ve been to a GP, hospital or any other medical practitioner and suffered an injury during or after treatment or referral has been negligent then you could be entitled to make a compensation claim against them. Like any service you receive, when your doctor, nurse, consultant or other practitioner treats you their care must meet a certain standard.
In medical care, this standard was sent by the case of Bolam v Friern Hospital Management Committee where care provided must be “In accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”. Put simply, the medical practitioner must treat you in a way that a reasonable number of practitioners with the same qualification would agree with.
The other test is that of Montgomery v Lanarkshire Health Board which deals with informed consent. Put simply, you must be given enough information to make an informed choice about your chosen treatment option. The key phrase in the Judgement of the Supreme Court was “rather than being a matter for clinical judgment to be assessed by professional medical opinion, a patient should be told whatever they want to know, not what the doctor thinks they should be told.”
MG Legal’s team of solicitors specialise in all types of personal injury, and will accept your claim for medical negligence compensation on a no win no fee basis, subject to the following:
Your treatment, or knowledge of the error, must have been in the last 3 years;
That the treatment either fell below the standard expected of a competent professional, or you were not sufficiently cautioned of the risks;
That the negligent treatment or omission caused you to suffer illness or personal injury.
How is my personal injury compensation worked out?
Your personal injury compensation is known as “General Damages”, or a claim for pain, suffering and loss of amenity.
When you instruct MG Legal, as part of the evidencing process you will be sent to see a medical expert, and depending on the severity and type of your injuries potentially two or three experts. The medical expert will produce a report which summarises your injuries and gives the most likely prognosis for your injuries.
We then take those reports and your likely recovery period and compare these with the Judicial Studies Board Guidelines (JSB) which is a reference book used by solicitors, barristers and judges alike. The JSB, as it is known, provides various brackets for valuation of injuries of every type based on the severity of the injury, any lasting problems and the length of time it takes to recover.
Upon receipt of a medical report, detailing your injuries, we will then advise you on our recommendations for negotiations with the fault party and with your agreement, proceed to negotiate the best possible settlement for your claim.
Awards for amputations are some of the highest in the JSB, with awards reaching into the hundreds of thousands of pounds, 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 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 personal injury compensation, you are also entitled to make a claim for other losses, also known as “Special Damages” or out of pocket expenses. These are your financial losses and can include monies you have not received, such as lost earnings due to time off work or extra monies you have had to pay out such as treatment costs, medication costs and in more severe injury cases, care costs.
Coupled together, 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 personal injury 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.
How long do I have to make a medical negligence 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 aware of it or in some Medical Negligence Claims the three year period is deemed to start when you become aware of the link between your injury and the act of negligence; this is referred to as the 'date of knowledge'.
If you do not either settle your personal injury claim, or issue proceedings in the County Court within your three -year time limit, your claim will become automatically Statute Barred under the Limitation Act 1980.
These limits can sometimes be different, for example when dealing with children or patents with limited capacity, such as those in comas or who have dementia. Criminal Injuries Compensation Claims have a limit of two years, as do certain maritime and aviation (sea or air) incidents. 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 claim.
Why choose MG Legal for my medical negligence compensation claim?
MG Legal’s team use the services of the best medical practitioners, whatever their field of expertise, because your claim for compensation is important to us, and we want to get you the most compensation possible. Our personal injury solicitors accept all medical negligence compensation claims on a no win no fee basis, and have a success rate in excess of 99% for all personal injury claims accepted. We demonstrate our own confidence in our ability by offering the no win no fee agreement to all clients, as if we do not win, we do not get paid for our work and so, you can rest assured that we will do all that is within our power to settle your claim successfully.