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Wrong Surgical Claims: Recovering from a Faulty Amputation

Amputation has a life-changing effect on a victim. Loss of limb not only threatens the survival of the person but also leaves him completely devastated. Amputation is conducted when the victim is enduring severe injury or disease that cannot be cured. Generally, amputation occurs due to the fatal accidents on the roads and the workplaces. A few unfortunate ones receive wrong surgical error claimsamputation surgery due to the negligence of the medical professionals. As the medical fraternity is expected to provide health and care to the patients, ignorance on their part is not pardonable. Hence, the UK solicitors make sure to provide just and fair surgical error claims to all. Recently, a Lady of 25 years went through limb loss due to wrong surgery of an injury. If you have somewhat same story to share, you could be amongst the one to receive medical negligence compensation. If the medical professional’s negligence is one of the primary causes of amputation that could have been prevented, then you are definitely eligible to receive payouts. The compensatory reward will not only help you to recover the financial damages but can provide you justice in terms of the pains and sufferings you are enduring because of someone else’s negligence.

Securing fair and just compensation isn’t that difficult a task, as you require to follow the claiming rules of the country you are belonging to. Here are a few basic things you need to consider when filing case against the accused,

To Follow before Claiming Amputation Compensation:

The Time Limit:

This is one of the most essential factors that need to be considered before claiming. Normally, in the UK, the tenure is of three years, within which the claimant is supposed to be settled with the claim. Hence, it is very important that you consider the deadline of your claim first before taking a single step for the case. As soon as you realize limb loss due to misdiagnosis of an infection, consult another doctor to get hold of the medical report. Considering the date when the injury acknowledgement report is issued, the deadline of the tenure would be determined.

The Genuineness of the Case:

If the patient is found to have any share in the wrong amputation or the loss of limb, he will not be eligible to receive any compensation. Apart from this, he can be even drag to the court for filing wrong case and manipulating the court. Hence, it is very important to know whether you deserve compensation or not. Read on the below mentioned domains to know the claimable amputation compensation,

  • Wrong surgery may cause due to misdiagnosis, thereby leading to amputation
  • Amputation done to the wrong limb
  • Amputation done even though it could have been avoided

It is suggested to appoint a solicitor to know more about the claim worthy limb loss cases.

Once you are sure about the tenure and the authenticity of your case, you can now start the legal procedure. In the process, the solicitors will assist you throughout to know about the varied to do’s and not to do’s. As you will be bringing the case against healthcare providers, it is expected that they will not seat quietly. Along with their solicitor and the insurers, they will try their best to defend themselves and escape paying the compensation. They will be ready with heap of papers and documents to defend themselves. Hence, your preparation should be strong enough to prove your innocence. While continuing the medical treatment, it might not be possible for you to concentrate much on the legal procedure. Thus, it is suggested to appoint a solicitor as soon as possible for the same. He can collect the evidences and can prepare a strong case study to prove the guilt of the accused. The best thing about them is that they bring the case to the court on behalf of their clients and takes the entire responsibility of the error claims

Essential Documents Required to File the Claim:

  • The medical report: Other than helping in determining the deadline of the tenure, the same helps to calculate the value of the compensation for both the financial and the non-financial loss.
  • The prescription that suggested the patient to go for an amputation surgery
  • The form signed by the patient’s family member before the surgery
  • The medical bills to show the financial expenses the victim had to bear before and after the faulty surgery
  • The wellness report given by the doctor after detecting the medical negligence

All of these should be piled in a file, so that nothing is misplaced and must be handed-over to the solicitor as early as possible.

To Follow when Undergoing the Legal Procedure:

This is one of the vital moments, when the solicitor and the claimant should keep themselves clam and determined. Sanctioning of the claim depends greatly on how both of them react to the situations, especially the reactions of the victims. During this time, there are a few do’s and don’ts to follow such as,

 To Do’s:

  • Do keep a copy of all the documents
  • Do be patient as a claim can also take more than 18 months to be sanctioned
  • Do stay up-dated about the case. Ask your appointed solicitor for it
  • Do attend the court hearings
  • Do talk to the solicitors if you doesn’t agree to some of his or the opponent party’s statement
  • Do follow all the legal rules and regulations

Not to Do’s:

  • Don’t hide any information from your solicitor
  • Don’t hesitate to say about your expectation to the solicitor
  • Don’t exaggerate the case as it might manipulate the court as well as the case
  • Don’t change your statements. Be firm and confident of what you say and believe in
  • Don’t sign any legal papers or attend any meeting with the third party insurer without the concern of your solicitor

The medical negligence solicitors can enable you know further about the other related must-to-follow legal rules and regulations.

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