Amputation Negligence Claims
Experts in this Area of Law
Overview
An amputation changes every part of life – mobility, employment, independence, family life and mental wellbeing. Where the amputation resulted from negligent medical treatment, a delayed diagnosis, poor infection management or another preventable failure, the patient may have a legal claim for compensation.
A successful claim generally requires proof that the treatment fell below the standard reasonably expected of the healthcare professionals involved, and that this failure caused or materially contributed to the amputation and resulting losses.
How It Happens
- Delayed diagnosis
A serious infection, vascular condition, diabetes-related complication, compartment syndrome or trauma is not identified or treated in time. - Inadequate treatment
Doctors or hospital staff fail to act on warning signs, arrange urgent surgery, administer appropriate medication or refer the patient to a specialist. - Surgical negligence
An avoidable surgical error, damage to blood supply, poor post-operative monitoring or another preventable complication leads to loss of the limb. - Hospital-acquired infection
Poor infection-control measures, delayed wound care or failure to escalate sepsis contributes to tissue death and amputation.
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What Can You Claim For
Depending on the medical evidence, the cause of the amputation, and the person’s age, work and long-term needs, compensation may include:
- Past and future medical expenses, rehabilitation, prosthetic limbs and replacement prostheses
- Loss of earnings, reduced earning capacity and lost career opportunities
- Home alterations, mobility equipment, transport needs, caregivers and domestic assistance
- Pain, suffering, disability and loss of amenities of life
- Psychological harm and other proven financial losses arising from the injury
Who Can Claim
The injured person can claim directly. A spouse, parent, child or caregiver may make the initial enquiry on their behalf, although authority from the injured person or a legal representative may later be required. Consent to treatment is not consent to negligent treatment — the facts, warnings given, procedure performed and standard of care still require investigation, even where a consent form was signed.
Documents That May Help
You do not need these to make an initial enquiry, but having them ready can speed up our review:
- Hospital and clinic records in your possession
- Discharge summaries, prescriptions and referral letters
- Photographs of the injury and wound progression
- Medical-aid statements and proof of expenses
- Employment records and proof of income
- Correspondence or complaints sent to the hospital or practitioner
Frequently Asked Questions
1. Can I claim if I signed a consent form?
Possibly. Consent to treatment is not consent to negligent treatment. The facts, warnings given, procedure performed and standard of care still require investigation.
2. Must I prove the amputation was completely avoidable?
3. What if the amputation followed treatment at a state hospital?
Claims against public healthcare providers may be possible, but additional procedural requirements and deadlines can apply. Early legal advice is especially important.
4. Is there a cost to speak with you?
No. The initial consultation is confidential and free, and matters we take on typically proceed on a No Win, No Fee basis.
Our Process
Consultation
If you are facing a legal problem, it is important to consult with a lawyer as soon as possible. A lawyer can help you protect your rights and interests. We are committed to providing sound legal advice to all South Africans. We operate on a “no win, no fee” basis, and one of our specialist attorneys will assess your case and advise you on whether you have a possible claim.
Representation
Our attorneys are experts in personal injury law. They have the knowledge and experience to help you get the compensation you deserve. In addition to our attorneys, we also have a team of medico-legal specialists and advocates who can help you with your case.
Settlement
Our lawyers will be with you every step of the way, from the moment you contact us to the moment you receive your settlement. We will advise you on whether to accept an early settlement, or if we believe we can get you a better outcome through litigation. We will fight for your rights and get you the compensation you deserve.