Losing a limb can be one of the most traumatic and life-changing injuries a person can experience, writes Moira Kay, Partner at Digby Brown.
They can arise from workplace or road incidents, be linked to defective products, or even happen after complications from medical treatment for other issues.
Rehabilitation for amputation patients is vital for a positive future, and the Rehabilitation Code 2015 (RC) makes rehabilitation a priority to give people access to:
- Prosthetics
- Physiotherapy
- Psychological support
- Aids and equipment
- Home adaptations
- Occupational therapy
These things are ‘basic needs’ for an amputation patient but sadly the provision of prosthetics can be a hotly contested battleground, with some insurers pushing for cheaper options.
However, Digby Brown fights for the best and most appropriate care and equipment, regardless of the costs involved.
Every amputation compensation claim considers the individual’s needs and sometimes the NHS can’t always meet them.
This is not to criticise our health service, which does the best with what it has, but it does sadly mean too many people don’t get the treatment or future they deserve.
Common NHS issues include:
- Strict eligibility for enhanced prostheses
- Lack of specialised fittings (like microprocessor knees)
- Prostheses that do not offer the desired function or look
Another NHS limitation can be access to ongoing rehabilitation support which can vary significantly across Scotland.
Access to private healthcare offers accident survivors a wide range of state-of-the-art prostheses, like an electronic hand where robotic fingers can be moved by electrical sensors that pick up nerve signals from muscles in the arm.
Private options allow more function and, when acquired through a claim, extra funds are secured to cover additional limbs or ongoing servicing costs.
That’s how people like Ian McDonald were helped. He was a firefighter who lost his lower arm following a training exercise.
But thanks to Digby Brown, he secured a state-of-the-art prosthesis that allowed him greater dexterity and improved his future quality of life.
Making sure amputees get a fair outcome
In a legal case involving amputation, expert evidence is gathered to establish the injured person’s prosthetic needs.
This includes the initial expense of privately funded prosthetics as well as future maintenance and replacement costs.
While insurers are likely to produce similar evidence on these needs, their evidence can sometimes focus on cheaper options rather than the best option.
Ultimately, it will be for the court to determine what is fair and reasonable and how much damages should be awarded.
It is vitally important that the injured person has access to financial support.
This will relieve them of the burden of domestic bills and other everyday expenses while they focus on their rehabilitation and prosthetics needs.