Context matters in determining how much compensation you’re owed: The situation in which the injury occurred, who the negligent party is, whether the amputation is full or partial and relevant factors all come into play.
There are four general categories across all personal injury claims, including those based on the loss of a limb — public liability, workplace liability, motor vehicle accidents and medical negligence. While this isn’t an exhaustive list of all the contexts wherein another’s negligence leads to an amputation, they do encompass the majority of cases.
Across all categories, the relevant parties owe a legal duty of care — the nature of this duty differs depending on the category. For a personal injury claim to be successful, you must be able to prove the following:
- That the responsible person or entity did owe you a duty of care.
- There is clear evidence that they breached their duty.
- This breach resulted directly in the loss of the limb.
Specifically, here’s how the notion of duty of care applies to each of the four categories:
Public liability
Owners of public spaces — whether it be a mall, park or other public place — have the responsibility (or duty of care) of putting in place necessary safety measures to adequately prevent unduly harm. This includes regular maintenance, signs for potential hazards, and more generally, ensuring the overall safety of the premises.
A failure to do so is a breach of their duty of care. If the owner’s failure to provide adequate building repairs resulted in the loss of a limb, for example, they are likely then the liable party and will be subject to an amputation claim — even though they were not directly responsible for the amputation, when weighed against an act of violence, for instance.
Common examples of how negligence on the part of a public space owner may result in the loss of a limb include:
- Inadequate security that leads to an act of violence.
- Hazardous conditions more generally, such as faulty elevators, broken stairways and other risky conditions.
Workplace liability
While there’s a degree of overlap between workplace and public liability, this category generally pertains to the role of an employer to ensure the safety of its employees and contractors. This relates not only to safe premises but also to safe work practices and equipment.
Examples of how employers may adhere to this duty of care include periodic safety training, maintaining equipment and machinery, having the necessary HR measures in place and conducting regular safety audits, among other methods.
Amputations are common within workplaces that involve heavy machinery, dangerous equipment and the regular use of hazardous materials — labourers and other tradesmen are amongst the most vulnerable. While a duty of care applies to all workplaces, those of increased risk are subject to more stringent regulations and inspections to minimise workplace liability.
Motor vehicles accident
This category applies not only to car drivers, but also public transportation, motorcyclists, bike riders and pedestrians — each owing a duty of care to ensure their safety and the safety of other road users. This means that regardless of how you use the roads, you have the responsibility to adhere to traffic laws, exercise prudent caution and be continually aware of others.
Naturally, a severe motor vehicle accident generally results in a severe injury — many leading to the loss of a limb or limbs. Proving negligence in this context is a matter of providing the necessary evidence that the crash was preventable had the liable party exercised caution, and that their failure to do so led directly to the limb amputation.
Medical negligence
While a medical negligence claim refers to the lack of a medical professional’s competent care, a medical malpractice claim refers to incompetent care with malicious intent — the two come with differing legislation and processes. In terms of medical negligence, all certified medical professionals — irrespective of speciality — have the responsibility of adhering to the latest best practices, and in turn, providing prudent care for each of their patients.
Specifically, negligence in this area may refer to a misdiagnosis, improper medical treatment, surgical errors, failure to obtain consent or neglecting to provide follow-up care, amongst other ways — each of which has the potential to lead to a loss of a limb.
While the causes of limb amputation differ in relation to medical negligence, substandard surgical practices are one of the leading factors and present a range of risks:
- In-surgery errors, such as the damaging of a critical nerve or blood vessel.
- Inadequate infection control, commonly relating to gangrene.
- Poor communication, leading to treating the incorrect body part.
Irrespective of how the amputation occurred, it’s again about providing evidence that the medical professional owed you a duty of care — certain alternative medicine providers or uncertified practitioners may not fall under the same obligations, for example — and that their breach resulted in your injury.
