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A pulmonary embolism is a severe blockage of a lung artery, usually caused by a blood clot from another part of the body, such as a deep vein within the leg. This blockage can restrict blood flow, causing breathlessness, chest pain and a rapid increase in heart rate. Not just this, but a pulmonary embolism can cause potentially life-threatening consequences if not treated promptly; sometimes resulting in permanent lung damage, heart damage, or even brain damage as a result of oxygen loss. Oftentimes, the physical pain can be worsened by increased stress levels, particularly if you’ve been made unable to work, and are facing a disrupted routine and lost earnings. During such a challenging time, you shouldn’t have to face these worries alone, and with the right support network, you could claim monetary compensation.
Pulmonary embolism compensation claims can be made in the event that a pulmonary embolism developed, was misdiagnosed or left untreated as a result of medical negligence. If it can be shown that a medical professional acted negligently, you could be eligible to seek compensation for the physical harm, psychological damage and financial losses caused. Continue reading to learn about how you could bring a claim or get in touch with our advisors today for more information.
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- When Could A Pulmonary Embolism Be Considered Medical Negligence?
- Who Can Be Held Liable For A Pulmonary Embolism Misdiagnosis?
- Can I Claim If My Pulmonary Embolism Was Not Spotted On Test Results?
- How Long Do Pulmonary Embolism Claims Take To Settle?
- Can I Make a Pulmonary Embolism Claim On Behalf Of A Loved One?
- How Solicitors Investigate Pulmonary Embolism Negligence Claims
- More Information
When Could a Pulmonary Embolism Be Considered Medical Negligence?
A pulmonary embolism could be considered medical negligence if a healthcare professional misses key risk factors, delays the diagnosis or fails to provide prompt treatment, causing unnecessary and avoidable harm. Additionally, if a medical professional fails to order further testing and appropriately investigate your symptoms, this could amount to medical negligence.
If, for example, classic symptoms such as chest pain or breathlessness are ignored, the underlying pulmonary embolism might be missed and remain untreated. Other examples of how a pulmonary embolism could be considered medical negligence include:
- A doctor fails to order an urgent test (such as a CT scan, EGC or a D-dimer)
- Your doctor fails to recognise the signs of a pulmonary embolism, such as sudden shortness of breath and sharp chest pain
- If a healthcare professional fails to prescribe anticoagulants even though you display signs of clotting
If a medical error caused the pulmonary embolism to worsen, led to avoidable health complications or delayed your recovery, you might be eligible to claim pulmonary embolism compensation with our panel of solicitors here at Legal Helpline.
The examples we provided are not exhaustive, so if you’d like to discuss the particulars of your own claim, please get in touch with our advisors today.
Who Can Be Held Liable for a Pulmonary Embolism Misdiagnosis?
Any healthcare provider whose actions or omissions contributed to the misdiagnosis could be held liable for pulmonary embolism misdiagnosis. This might include:
- Your GP if they fail to recognise symptoms of deep vein thrombosis, blood clots or pulmonary embolism
- Your doctor if they fail to order further testing
- A&E healthcare workers who might misinterpret symptoms for a minor condition
- Radiologists who incorrectly report or interpret imaging results
- Triage staff who fail to escalate breathing difficulties or chest pain
- A nurse who overlooks associated risk factors such as recent surgery, trauma or immobility
In some situations, the hospital, clinic or GP surgery itself could be found liable if systemic failures, including understaffing, faulty processes or triage errors contributed to your pulmonary embolism misdiagnosis.
To learn more about who could be liable for your misdiagnosis, please get in contact with our advisory team today.
Can I Claim If My Pulmonary Embolism Was Not Spotted on Test Results?
Yes, you could seek pulmonary embolism compensation if your pulmonary embolism was present but missed due to incorrect reporting, a failure to act on abnormal findings or missed due to misinterpreted imaging.
Essentially, in order for you to be eligible to make a claim, you must show:
- You were owed a duty of care from a healthcare provider
- This duty was breached due to a medical professional’s failure to provide the correct standard of care
- Their breach led to you suffering avoidable or unnecessary harm, such as the worsening of your pulmonary embolism
Any healthcare professional who treats you must do so by providing the minimum expected standard of care. They can do this by adhering to the professional standards laid down, and by properly appreciating a patient’s concerns, and ordering further testing where necessary.
A pulmonary embolism claim could be possible if:
- Your scan results were misread by a radiologist
- Abnormal ECG or D-dimer results were ignored
- The testing was carried out incorrectly
- You were discharged prematurely despite concerns about your results
You could claim for any avoidable harm caused by the delay in diagnosing your pulmonary embolism. This can include an intensive care admission, cardiac strain, prolonged symptoms or even long-term complications such as chronic thromboembolic pulmonary hypertension.
For a free case consultation, please get in touch with our advisors today. They can explore whether you’d be eligible to make a pulmonary embolism claim, completely obligation-free.
How Long Do Pulmonary Embolism Claims Take to Settle?
The duration of a pulmonary embolism compensation claim will depend on the complexity of the case, the severity of the harm caused and whether there is a dispute in liability. Generally, straightforward cases where liability is admitted could be settled anywhere between 12 and 18 months.
Cases involving multiple defendants, complex medical claims or disputed negligence could mean a claim lasts anywhere between 2 and 3 years, and fatal pulmonary embolism claims can prolong the process, due to the need for additional expert input.
With this said, all claims are judged on their own merits, and each case takes a different amount of time to settle. The availability of evidence can also be a factor in how long a claim might take to settle.
However, by working with a solicitor from our panel here at Legal Helpline, you could secure interim payments if you face immediate expenses. Early compensation payments will only be granted in the event that the defendant admits liability or there is a high chance the claim would succeed in court, and you urgently require financial support during the process of the claim for medical treatments or accommodation costs.
Get in touch with our advisors today for more information on how long a pulmonary embolism compensation claim can take.
Can I Make a Pulmonary Embolism Claim on Behalf of a Loved One?
Yes, you could make a pulmonary embolism claim on behalf of a loved one if they are unable to do so. This could be applicable to circumstances where:
- They lack the mental capacity to bring a claim independently
- They are a child under the age of 18
- They unfortunately passed away due to either a missed or mismanaged pulmonary embolism (a claim can be brought through a fatal claim or dependency claim)
For claimants who lack the mental capacity, or are children under 18, a litigation friend, which is often a parent, spouse or another trusted adult, can represent them throughout the entire claims process. From providing updates to the claimant to acting in their best interests, this role comes with a few responsibilities.
Additionally, you can be appointed by the courts to act as a loved one’s litigation friend, or you could apply to act in this position. You needn’t worry, as a specialist solicitor from our panel could help you claim on behalf of a loved one.
How Can I Make A Fatal Claim?
In the event that you want to bring a fatal or dependency claim, some rules will apply. Within the first 6 months, compensation can be pursued only by the deceased’s estate. This is possible under the Law Reform (Miscellaneous Provisions) Act 1934, which allows for the estate to seek compensation for the pain, suffering, and any financial loss suffered by the deceased up to their death.
Under this act, the estate also has the power to claim on behalf of the dependents of the deceased. However, if the estate does not bring a claim on the dependents’ behalf within the initial 6 months, under the Fatal Accidents Act 1976, relatives who would qualify as dependents can seek compensation for the impact of losing a loved one.
To learn more about making a pulmonary embolism compensation claim on behalf of someone else, please get in touch with our advisory team today. They have years of experience helping people act as litigation friends, and can explain the complexities of claiming for someone else.
How Solicitors Investigate Pulmonary Embolism Negligence Claims
Expert medical negligence solicitors can investigate pulmonary embolism negligence claims by obtaining medical records, arranging independent medical assessments, and valuing the extent of the harm you have suffered. Solicitors carry out a thorough investigation, usually involving:
- Obtaining medical records, including a copy of your GP record, hospital notes, and copies of scans or X-rays to prove medical negligence
- Building a chronological timeline to show how clinicians responded, and how your symptoms presented themselves
- Arranging independent medical assessments with experts, to identify any breaches of duty, to demonstrate negligence
- Exploring whether an earlier diagnosis or treatment could have avoided or reduced the extent of harm caused
- An evaluation of the long-term impact caused by the pulmonary embolism, through considering ongoing symptoms, future treatment needs, level of disability and lost income, can all be taken into account
- Valuing your compensation based on the physical harm, psychological impact, financial losses and care needs
An approach like this allows your solicitor to build a strong case and negotiate the maximum settlement on your behalf. It is also important to note here that it can be invaluable to seek legal advice; with a professional, you could expect simple explanations of complex legal processes, as well as ensuring that your claim reaches its maximum potential.
Why Choose Our Panel Of No Win No Fee Solicitors?
If you choose to work with our panel of No Win No Fee solicitors, you will get access to their expert services. These include them gathering evidence on your behalf, initiating your claim within the time limit, handling all communication with the defending party, and negotiating your compensation.
As well as thoroughly investigating your claim, by instructing a solicitor from our panel, you could expect their services on a No Win No Fee basis under a Conditional Fee Agreement.
What this means for claimants is that you’d have no upfront payments in solicitors’ fees for a solicitor from our panel to begin working on your case. Not only this, but you wouldn’t face ongoing costs in solicitors’ fees during the progression of your case, and most crucially, you would have no payments in solicitors’ fees if your claim were to fail.
Conversely, if your claim were a success, a percentage would be deducted from your compensation. This acts as our panel’s success fee, and this percentage is legally capped in line with the Conditional Fee Agreements Order 2013, to make sure that clients receive the bulk of their compensation.
Our Team Of Advisors
Contact our team of advisors today to learn more about how Legal Helpline could help you with claiming pulmonary embolism compensation:
- Call us on 0333 000 0729
- Contact us online
- Speak to an advisor using our live chat
More Information
Why not read more of our guides about:
- How to make a claim for stroke misdiagnosis
- NHS medical negligence payouts and how they are calculated
- Cancer misdiagnosis claims and how they could help you
Helpful External Resources:
- NHS guidance and information about anticoagulant medicines
- Information about pulmonary embolisms from the NHS
- How to apply for Statutory Sick Pay
Thank you for reading our guide on claiming pulmonary embolism compensation.
