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You could make a blood clot compensation claim for harm caused by poor medical care. Blood clots, such as Thrombus or Embolus, can lead to serious health complications up to and including death. If a medical professional caused, failed to diagnose, monitor, or provide appropriate treatment for a blood clot, and you were avoidably harmed, you could claim compensation.
Key Takeaways
- The failure to prescribe anticoagulants, surgical errors, or the failure to monitor a patient after surgery could lead to preventable blood clots.
- NHS Resolution data shows that as many as 1 in 20 people may experience a VTE at some point.
- According to the NHS Health Research Agency (HRA) Deep Vein Thrombosis (DVT) and Pulmonary Embolus (PE) lead to 25,000 preventable deaths annually in the UK.
- Between April 2012 and March 2022, NHS Resolution awarded over £23 million in compensation across 411 venous thromboembolism (VTE) claims.
- A solicitor from our panel could help you make a medical negligence claim on a No Win No Fee basis.
If you or a loved one have been unnecessarily harmed by medical care, contact our team.
- Phone 0333 000 0729.
- Click below to talk to an advisor.
- Use our contact form.
Jump To A Section
- Can I Make A Blood Clot Compensation Claim?
- Examples Of Blood Clot Medical Negligence
- What Compensation Can I Get For A Blood Clot Claim?
- What Do I Need To Claim Blood Clot Compensation?
- How Can Legal Helpline Support A Claim For Blood Clot Negligence?
- Frequently Asked Questions
- More Information
Can I Make A Blood Clot Compensation Claim?
Yes, you could make a blood clot compensation claim for avoidable harm caused by a medical professional. Harm may include their causing or worsening your condition. Medical negligence claims are subject to these criteria,
- You were under the care of a medical professional or healthcare provider. If so, they will automatically owe you a duty of care.
- The duty of care was breached by this party. A surgeon may make an avoidable error causing blood clots to develop.
- The breach caused you harm. In the above example the clot travels to your lung causing a pulmonary embolism.
The Bolam Test may be used to assess whether the medical practitioner caring for you failed to meet the expected standard of care. The test helps the court to decide whether the medical professional acted reasonably and competently, in line with someone with their level of expertise and available medical knowledge.
Please contact our team to find out if you could make a blood clot compensation claim.
Examples Of Blood Clot Medical Negligence
Examples of blood clot medical negligence includes negligent misdiagnosis, the failure to assess a patient’s risk, as well as surgical or treatment errors. Medical professionals have a duty to identify, prevent, and manage clotting risks.
Examples of medical negligence can include;
- Misdiagnosis, a patient presents with shortness of breath and calf pain. The doctor fails to order a D-dimer test, instead assessing it as a soft tissue injury. The patient collapses with a PE several days later and requires more extensive treatment.
- Immobility, a patient is not provided with compression stocking or anticoagulants whilst immobile after surgery. They later develop a life-threatening DVT.
- Surgical negligence, a surgeon fails to assess a patient’s clotting risk, administer or prescribe blood thinners. The patient develops a clot which travels to their lung, becoming a PE.
- Medication errors, a patient who has just had orthopaedic surgery is given the wrong dose of anticoagulant treatment during their recovery. They develop a DVT in their leg due to being given the wrong medication dosage. This causes pain and requires additional surgery.
- Negligent monitoring, a pregnant woman presents to her midwife with a swollen leg. The midwife does assess her risk of developing a DVT or follow up with the patient. The blood clot travels, becoming a pulmonary embolism which is life-threatening.
These examples show how a breach in professional standards by a healthcare provider could constitute medical negligence. Please contact our team to claim blood clot compensation.
What Compensation Can I Get For A Blood Clot Claim?
Your blood clot claim can include compensation for the physical and financial impact of being avoidably harmed. What compensation you could be awarded will be individual to your case. This is because compensation settlements may be made up of general damages, which cover your pain and suffering, and special damages, which cover your financial losses).
A medical negligence solicitor may use the Judicial College Guidelines (JCG) to assess the value of your pain and suffering. These guidelines contain brackets for different types of harm, severity, and compensation amounts. Rows 2-10 of the following table take examples from the JCG. The first row is our own illustration.
| Harm & Severity. | Notes. | Compensation Bracket. |
|---|---|---|
| Multiple forms of severe harm + special damages covering lost income. | Multiple types of harm and special damages, including medical bills. | Up to £1,000,000+ with special damages, covering care costs. |
| Very severe brain damage. | The person has little meaningful response or linguistic function. | £344,150 to £493,000. |
| Moderately severe brain damage. | Life expectancy is greatly reduced and there may be future risk of other medical conditions. | £267,340 to £344,150. |
| Moderate brain damage. | Instances with a moderate to severe intellectual deficit. | £183,190 to £267,340. |
| Paralysis, tetraplegia/ quadriplegia. | This may be accompanied by significant brain damage. | £396,140 to £493,000. |
| Paralysis, paraplegia. | The presence of pain, level of independence, and presence of depression may be taken account of. | £267,340 to £346,890. |
| Chest injury, serious heart or lung damage. | May include serious damage to the heart or the loss of a lung. | £122,850 to £183,190. |
| Loss of bowel functions | Where the person relies in a colostomy, | Maximum of £183,190. |
| Amputation of one leg above the knee. | Amputation carried out above the knee. | £127,930 to £167,760. |
| Amputation of one leg below the knee. | Amputation carried out below the knee. | £119,570 to £162,290. |
Special Damages In Blood Clot Compensation
Special damages in blood clot compensation claims can compensate for medical bills, care costs, lost income, and other financial losses. This is because it is recognised that in addition to being physically harmed, you may also suffer financial losses.
- Loss of earnings, you could be compensated for past and future loss of earnings. In addition, you may claim for the loss of workplace benefits, such as entitlement to overtime or bonuses.
- Social care costs, you could claim for short, medium, or long-term care costs. This can include professional care, or that provided by a loved one.
- Medical bills, the cost of private medical consultations, treatment, surgery, or medication may be claimed for.
- Rehabilitation and therapy costs, the cost of access rehabilitative or therapeutic services could be reclaimed
This is not an exhaustive list of the costs you may be reimbursed for. Please get in touch to find out what your blood clot claim may be worth.
What Do I Need To Claim Blood Clot Compensation?
To claim blood clot compensation you need evidence showing who breached their duty of care and how you were harmed. Blood clot claims must demonstrate that a medical professional breached their duty of care, with the breach causing you harm.
Key types of evidence,
- Medical records, these may show your initial and subsequent diagnosis, as well as treatment provided.
- Financial records, these may include invoices or bank statements supporting your claim for financial losses.
- Correspondence with your healthcare provider, such as details of any complaint made.
- Witness details, including contact information for anyone who saw what happened to you.
Your claim must also be submitted within the time limit, as set by the Limitation Act 1980. The failure to do so could see your blood clot negligence claim being time-barred.
Blot clot claim time limits,
- Claims on your own behalf, 3 years from the date of harm, or of knowledge (when you became aware of it) if you are an adult claiming for yourself.
- Claims for a child, 3 years from their 18th birthday. They are unable to make a claim on their own behalf prior to this.
- Reduced mental capacity, no time limit unless/ until they regain their mental capacity.
A litigation friend may claim on behalf either of a child before they turn 18, or someone with reduced mental capacity. An advisor from our team could help you to understand what you need to claim compensation and explain more about claiming for someone else.
How Can Legal Helpline Support A Claim For Blood Clot Negligence?
Legal Helpline can help support your claim by connecting you to a No Win, No Fee solicitor. The solicitors who make up our panel can often help claimants through a Conditional Fee Agreement (CFA). A CFA is a way to work with a specialist solicitor without paying for their services prior to the start of the claim, or whilst it is in progress. .
The benefits of a CFA include,
- No solicitors fees are charged upfront.
- No solicitors fees are charged if the claim isn’t successful.
- Claimants are charged a success fee if they win. The fee is charged as a percentage of your compensation and is legally capped.
At Legal Helpline we could support you by helping you to better understand the claims process and by connecting you to a specialist medical negligence solicitor. An advisor or solicitor could also assist you by,
- Clearly explaining complex terminology and the claims process.
- Helping you to access specialist support and recovery services.
- Negotiating with other parties to the claim.
- Preparing your case to go to court, if necessary.
Please get in touch to learn more about how to make a medical negligence claim and how we could support you.
Contact Our Advisors
Contact our advisors for further help and information.
- Call us now on 0333 000 0729.
- Contact us online.
- Talk to us live below.
Frequently Asked Questions
Below we answer some frequently asked questions about blood clot compensation claims.
Can I Claim If A Loved One Died From A Blood Clot?
Yes, you could claim if a loved one died from a blood clot. You may be able to claim for funeral costs, the loss of financial dependency, and the statutory bereavement award.
How Long Do I Have to Claim Compensation For A Blood Clot?
You have 3 years from the date of the negligence or when you discovered it to claim compensation for yourself. Time limits may vary if claiming on behalf of someone else.
Can I Claim On Behalf Of Someone Else?
You can claim on behalf of a child or someone with reduced mental capacity. To do so, you must ask the court to appoint you as their litigation friend.
Can Pre-Existing Risk Factors Affect A Blood Clot Claim?
The presence of pregnancy, hormone replacement therapy, obesity, or other risk factors do not prevent you from making a claim. However, your medical negligence solicitor must show that the harm suffered was still avoidable.
Is It Possible To Claim Compensation If The Blood Clot Happened In Private Healthcare Rather Than Under The NHS?
Yes, it is possible to claim compensation if the blood clot happened in a private hospital. Healthcare professionals have the same duty of care and must meet the same standards, no matter whether operating in the public or private sectors.
An advisor could answer any further questions about claims for blood clots.
More Information
Here you can find further information about blood clot claims and how to claim against medical professionals.
- Check how to claim for death by hospital negligence here.
- Check how to prove a medical negligence claim in the UK here.
- Learn about GP misdiagnosis claims here.
References.
- Check whether you are entitled to Statutory Sick Pay in this resource.
- Learn how to make a complaint about NHS care in this resource.
- This NHS article looks at how to reduce the risk of blood clots.
For further help and assistance with blood clot compensation claims, please speak to our team.
