When you make a claim for a wrong toe amputation, the two conditions that need to be fulfilled for your claim to be successful are already proven – that you suffered an avoidable injury, and that your injury was attributable to a breach in the duty of care owed to you by your NHS Trust.
There is no viable defence against a claim for a wrong toe amputation, but the process of making a claim still needs to be completed so that it can be identified where the error occurred. It may not have been the surgeon who was at fault for your injury, but one of the medical team supporting the surgeon, an administrator or even a technician who viewed an x-ray of your toe the wrong way round.
The consequences of having the wrong toe amputated are significant. Not only have you lost the use of a perfectly good toe, but you will have to undergo surgery once again to have the original toe amputated. Not only is this likely to cause you a great deal of stress, but your recovery period will be extended due to the loss of two toes in total.
Making a Claim for a Wrong Toe Amputation
In order to make a claim for a wrong toe amputation, your solicitor will request access to your medical records. Your medical records will be reviewed by a senior medical expert, who will determine where in the process the mistake was made that resulted in the wrong toe being amputated.
Your solicitor will then send a “Letter of Claim” to the NHS Trust responsible for your care, informing it that you are claiming compensation for having the wrong toe amputated and supporting the claim with the evidence of negligence compiled by the senior medical expert.
The NHS Trust has ninety days in which to conduct its own investigation and acknowledge liability for your injury. Thereafter, your solicitor will negotiated a settlement of your claim for a wrong toe amputation with the NHS Litigation Authority.
How Much Compensation for having the Wrong Toe Amputated?
How much compensation for having the wrong toe amputated you will be entitled to will depend on a number of factors. Whether the incorrectly amputated toe was adjacent to the toe that should have been amputated, or on a different foot, will make a difference as to your recovery period and the impact the surgical error has on your quality of life.
The location of the toe will also be a contributory factor. You will receive more compensation for having the wrong toe amputated if your big toe was amputated in error than if another toe was amputated in error. Your age, occupation, and general standard of health before your operation are also factors that will be considered in the settlement of your claim for a wrong toe amputation.
Other factors to consider are any psychological trauma you have experienced as a result of medical negligence, and the financial impact of having to undergo a second operation in terms of lost income and other costs you may incur. Your solicitor will explain each factor of compensation for having the wrong toe amputated with you before the “Letter of Claim” is sent to the NHS Trust.
Further Information about Wrong Toe Amputation Claims
If you have undergone a surgical procedure in which the wrong toe has been amputated, and would like to know more about making a claim for a wrong toe amputation, you are invited to call our Medical negligence Advice Bureau and discuss your experience with a medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about claiming compensation for having the wrong toe amputated, and guide you through the process for making a claim for a wrong toe amputation as it applies in your particular situation.
All calls to our Medical Negligence Advice Bureau are completely confidential and, by using our service, you will not be committing to making a claim for a wrong amputation. Our aim is to provide you with impartial legal information in plain English, so that you are aware of how much compensation for having the wrong toe amputated you are entitled to claim.