Could my child claim compensation for wrong leg amputation? After a serious car crash her leg was crushed and we were informed that it would have to be removed. However, they removed the wrong leg which now means that she will be missing both legs for life. What can we do?
Based on what you have told me your child should be entitled to claim compensation for wrong leg amputation, however because she is still a minor she will not be able to do so on her own behalf. This is because according to UK law, children are not permitted to advise a lawyer or make a claim on their own account. If you would like your child to be compensated for her amputation for wrong leg injury as soon as possible then you or another legal guardian without a conflict of interest will have to represent your child as her “litigation friend”.
However, if it is preferable for you to wait until your child is older to get involved in litigation then that is also an option due to the fact that the usual three-year time-limit imposed on potential claimants by the Statute of Limitations to make a claim applies differently with children. The Statute of Limitations was introduced in 1980 as part of the Limitations Act so that claimants would pursue an accident injury claim while evidence for their injury was still recent and also so that the negligent parties would not have to live in fear of a potential claim being initiated against them. When it comes to injuries sustained by children this three-year time-limit will not begin until they turn 18. Therefore, your child will have until she is 21 to claim compensation for amputation of wrong leg.
A solicitor who has been provided with specific information regarding your child’s amputation for wrong leg injury will be able estimate how much her claim could be worth based on a number of factors. They will examine the Judicial College Guidelines for the Assessment of General Damages. This outlines a number of injuries and their individual compensation values depending on their permanency and severity. The solicitor will then evaluate your daughter’s claim with regards to her age, sex and general state of health prior to the amputation, the pain and suffering she experienced and the impact this has had on her quality of life both financially and psychologically. There is bound to be many expenses associated with your daughter’s amputations, medical and otherwise. For instance, she may need the use of a wheelchair, prosthetic limbs and some manner of counselling to help her adjust to her new life. It is only right that you should be compensated for such expenses for an injury that was entirely the result of medical negligence.
All of this is just general advice regarding your daughter’s compensation for amputation of wrong leg claim. It is by no means an alternative to the specific advice your solicitor will be able to provide, so it is advisable that you contact to one as soon as possible to discuss how your daughter can claim compensation for wrong leg amputation.