Arrange_top

Arrange a call back

Arrange_bottom

Title: Compensation Claim for Prosthetic Limbs

Date: 20 April 2012

Amputation – prosthetic limbs

Question

I had a very bad accident in 2010 eventually resulting in the loss of my left leg below the knee – they tried to save it but it proved impossible. Now my solicitors have advised me to claim for prosthetic legs – 5 in total. But the solicitors acting for the woman who hit me say I should be obtaining the legs from the NHS relying on their expert’s report saying in his experience people claim the cost of prosthetics privately and then simply get NHS provided legs anyway. I would appreciate your thoughts on what to do?

James Bigmore

Answer

The starting point here is that you, as are all accident victims, are entitled to claim the private costs of medical treatment, be it surgery or prosthetic limbs, irrespective of availability through the NHS. It is a typical Defendant argument to say that you should get the limbs from the NHS. Their expert saying what he has should not affect your entitlement to claim the private costs (and 5 limbs over a life time can run into many hundreds of thousands of pounds) although you must genuinely be intending to obtain the limbs claimed privately.

Whilst in the early days following amputation NHS limbs are excellent, the benefits of privately sourced limbs (often far more advanced technically and bespoke) are obvious and I am surprised the Defendant’s expert has not commented on the difference in quality and technological advancements, e.g. robotic limbs. You can claim for limbs specific to your life – for example a water activity prosthesis if you are a keen swimmer, even tattooed limbs if your leg was tattooed previously.

View All

Diesel Spill Accidents
Changing solicitors