HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS

Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE

In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs.   It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone.  Gordon Exall looks at the key points to come out of the judgment

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THE CASE

The claimant was seriously injured in a car crash.  She underwent a left sided trans-tibial (below knee) amputation as a result.  One of the issues before the court was the appropriate prosthetics to use, and their subsequent costs.

KEY POINTS

  • The claimant’s choice of prosthetic leg was accepted as reasonable.
  • Whilst the claimant should have tried the prosthetic leg that had been recommended by the defendant, the failure to do so did not lead to her case failing. The leg she had chosen was one recommended by treating doctors.
  • A…

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