Limb loss litigation: Life after amputation

Limb loss is a devastating and life-altering experience that can significantly affect individuals in many different ways. It can occur due to various reasons, including accidents (such as motorbike accidents), medical negligence and through armed conflict. In fact, ex-armed forces personnel represent a significant portion of those affected, frequently experiencing limb loss as a result of combat injuries. Consequently, there has been a substantial rise in prosthetic production and the widespread advancement of technology to offer affected individuals access to the most cutting-edge and innovative solutions available.

With over twenty years of experience acting on behalf of survivors of life changing injuries, partner Phil Edwards specialises in amputation and loss of limb compensation claims. He shares a brief history of the prosthetics industry and how our expert solicitors can help people adjust to life after limb loss.

A brief history of prosthetics

Over time there has been a huge evolution in prosthetic technology which can even be traced all the way back to Ancient Egypt, around 3000 years ago. Here are some of the key milestones in the history of prosthetics:

Ancient origins

• One of the first-known forms of prosthesis can be traced back to Ancient Egypt with an artificial toe commonly referred to as ‘Cairo Toe’ which was discovered by archaeologists in 2000.
• The Romans also had their own piece of prosthetic history with the Capua leg, a prosthetic leg used by Roman noblemen in 300BC.

The Renaissance

• During the Renaissance, mechanics and metallurgy advancements led to more sophisticated prosthetic limbs.
• Hinges and springs allowed limited movement, enabling basic tasks.

19th/20th century and World Wars

• Throughout the American Civil War in the 1860s there was a massive increase in limb loss which led to the invention of the Hangar Leg which used rubber to cushion the heel of the user.
• Innovations like the “Stump Sock”, in the early 20th century, also improved comfort and fit.
• Through the 1900s there was a general move towards plastics from wood and leather.
• Mass production techniques made prosthetics accessible, which would be significant in the two upcoming world wars that would put huge pressures on demand for artificial limbs.
• To support this demand there was a massive increase in funding and research and ultimately the move towards lighter materials such as aluminium, plastics and leather which greatly enhanced functionality.

Present day and future

While significant progress has been made since the days of Ancient Egypt, the last decade alone has seen remarkable advancements in prosthetics technology. Examples of modern prosthetics include:

• Sensory feedback and brain-computer interface technology
• Motorised hand prosthetics
• Artificial Intelligence training software
• High-performance, lightweight running blades
• Osseointegration – where the prosthetic limb is attached directly to remaining bone

The ceiling for prosthetics is higher than ever with the current technology available. The use of artificial intelligence opens up the possibility for advancements that we cannot even comprehend currently. What we can expect is improvements in current technology and the creation of thought-controlled prosthetics and improved infection control. It is also likely that we will see the development of smaller, faster and stronger motors that create greater agility and smoother movements.

Types of claims our team deals with

Road traffic accidents

Road traffic accidents are a common cause of limb injuries. High-speed collisions, pedestrian and motorcyclist accidents can lead to severe limb trauma. Fortunately, advancements in car technology (such as improved crumple zones) have seen these numbers dramatically fall but  sadly they still occur.

Accidents at work

Unfortunately, accidents at work are all too common, and in some instances, they can result in the loss of limbs. Employers have a duty of care to protect their employees from accidents and injuries at work and failure to do so could be grounds to bring legal claims.

Our team of specialist injury compensation lawyers can investigate whether your employer has been negligent or in breach of their duty and guide you step by step through the claims process.

Medical negligence

In some cases, medical negligence could result in limb loss. This could occur due to surgical mistakes or misdiagnosis leading to amputation. Additionally, inadequate post-amputation care could worsen current issues further.

In any of these situations, you may be able to claim compensation and our expert team of medical negligence solicitors will navigate you through the claims process.

What clients can expect from us

When working with us, you can expect to receive specialised expertise and dedicated care. At Clarke Willmott, we focus exclusively on cases involving serious injury, a commitment we’ve upheld for many years. Our ultimate goal is to make a meaningful impact on our clients’ lives and ensure that they are able to get their lives back on track again.

Not only can we secure compensation for you, but we can also help you to access rehabilitation services and medical treatment from some of the country’s top clinicians. We prioritise rehabilitation, understanding the importance of receiving this sooner rather than later. Our team can help to appoint a case manager as well as ensuring access to essential services and treatments. Our objective? To secure the best possible medical and legal outcomes for each client we serve whether that be through the NHS or through private healthcare providers.

Our successes

Our team secured a large interim payment on account of damages within weeks of a road traffic accident which lead to an above knee amputation, and this funded adaptations to our client’s home, provided mobility equipment and the provision of support – avoiding what otherwise would have been a lengthy hospital stay as discharge otherwise would have been unsafe.

A client lost his arm as a result of an accident at work just after the birth of his first child. We secured funding for a prosthetist to develop a bespoke prosthetic arm with padding to enable our client to look after his child without the fear of causing her any injury against the hard plastic and metal of a standard prosthesis.

The team has secured many multi-million pound settlements for amputees making sure that they could access life long provision of prosthetics, equipment and support.