Claim Blood Clot Compensation
In this guide you can learn how to make a blood clot compensation claim.
£85 million in compensation
Claim Blood Clot Compensation
In this guide you can learn how to make a blood clot compensation claim.
How Much Blood Clot Compensation Am I Eligible For?
Blood clots, such as a pulmonary embolism (PE), are serious and life threatening medical conditions. If your blood clot is not treated promptly and correctly, it could lead to serious harm and even death. Blood clot compensation claims could be made when medical care failed to meet minimum professional standards and a patient was harmed.
Key Points
- Blood clots like deep vein thrombosis (DVT) can occur post-surgery, causing swelling and leg pain.
- Between April 2012 and March 2022, NHS Resolution paid over £23 million in compensation to 411 venous thromboembolism (VTS) claimants.
- 1 in 20 people may have a VTE in their life. This is according to data from NHS Resolution.
- Blood clot claims could compensate people for pain and suffering as well as financial losses.
- JF Law could help you to make a blood clot claim.
Get in touch today if you or a loved one have been impacted by any of the issues raised in this guide, please contact our team.
- Call us on 0151 375 9916.
- Contact us about your medical negligence claim using our online form.
What Are Blood Clots?
Blood clots are gel-like, semi-solid masses. They are made up of platelets, red blood cells and other materials. Normally they are formed in a blood vessel to prevent bleeding at the site of an injury. They may also abnormally, and harmfully, form where there is no wound. A DVT or pulmonary embolism can prevent blood normal blood flow, raising the risk of someone suffering a serious injury. Potential forms of harm may include heart attacks, strokes, paralysis or organ damage.
The Symptoms Of Blood Clots
The symptoms of blood clots or deep vein thrombosis may include,
- Swelling, pain or redness in one of the limbs, such as an arm or leg.
- Pain or tenderness in an affected limb.
- Chest pain or breathlessness.
- Warn skin over the affected area.
- A high heart rate.
- Dizziness or severe headaches.
- Abdominal pain, vomiting or nausea.
- Difficulty speaking and/or confusion and disorientation.
If you experience these (or other symptoms) please consult a medical professional. Please get in touch with our team to learn more about blood clot compensation claims.
What Is The Difference Between A Blood Clot, DVT And Pulmonary Embolism?
The difference between a blood clot, Deep Vein Thrombosis (DVT), or Pulmonary Embolism (PE) is the nature of the clot and the part of the body where it presents. Each presents a unique set of risks to patients.
DVT’s or Pulmonary Embolism are a specific type of blood clot which occurs in a specific type of location and with different effects.
- Blood clot: this is a gel-like, thickened mass of blood. Clots are often formed at the site of a wound to stop bleeding. However, they can be harmful if they form in the wrong place.
- DVT: this is a blood clot which forms in a deep vein. Typically this may be in the legs and can cause pain and swelling in the affected limb. They may be the result of immobility, such as during air travel or be due to hospital negligence.
- Pulmonary Embolism: this occurs when a blood clot which has formed in another part of the body travels to the lungs and blocks the arteries. This can make breathing difficult and present with chest pain. A PE may be life threatening.
According to the NHS resource on DVT’s above, the differences between the 2 lay in the location in which they form and how severe their impact is.
Whether you were harmed by poor medical care in the NHS or a private hospital, a solicitor from JF Law could help you.
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What Is Post-Thrombotic Syndrome?
Post-thrombotic syndrome (PTS) is a chronic condition affecting people who have suffered a DVT blood clot. It is caused by damage following a blood clot in the veins and valves in the legs. As a result of the initial clot, blood does not freely flow in the affected vein. Instead, it is diverted to smaller veins, such those around the calf. This diversion increases pressure in the affected veins. The NHS notes that Post-thrombotic syndrome can affect up to half of DVT patients within 24 months of their initial diagnosis.
You may be able to claim blood clot compensation with one of our dedicated No Win No Fee solicitors.
How Are Blood Clots Caused?
Blood clots are caused by specific conditions, such as blood thickening at the site of a wound to prevent further bleeding. Factors such as pooling or slowing blood flow may increase the risk of clotting.
Potential causes and risk factors can include,
- Immobility, such as sitting for long periods on a flight or prolonged bed rest during a hospital stay.
- Injuries or surgical errors, could damage blood vessels. This could happen during serious accidents or major surgery.
- Medical conditions, heart disease, pregnancy and cancers can all include increased risk factors for developing blood clots.
- Medications, certain medications, including hormone therapy, can increase a patient’s risk of developing a blood clot.
- Genetic factors, conditions such as inherited clotting disorders (such as Thrombophilia) could increase your risk of developing a blood clot.
The NHS highlights that these factors can increase the risk of blood clots developing in the arteries or veins. Talk to a member of our team to find out how we could support you through the claims process.
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Can I Make A Claim For A Blood Clot?
Yes, you could make a claim for a blood clot if it was caused or exacerbated by a medical professional acting negligently. Your claim will need to meet the following eligibility criteria;
- A healthcare provider or medical professional owes you a duty of care. Patients are owed this automatically whilst under the care of a medical professional.
- This healthcare provider or medical professional breached their duty of care. For example, a midwife may have failed to listen to a pregnant woman who presented with a swollen leg and not investigated it as a potential clot.
- The breach caused you harm. In this instance, the clot progressed to become a DVT.
The party you are claiming against and/or the courts need to clearly see that your blood clot compensation claim meets the eligibility criteria and that the defendant is liable for any harm suffered.
Can I Claim For Blood Clots Against The NHS?
Yes, you could claim for blood clots against the NHS. Whether making a medical negligence claim against the NHS or a private healthcare provider, your claim must meet the same eligibility criteria as outlined above. This is because NHS Resolution (the body handling such claims) must clearly be shown that an NHS service provider failed to meet their duty of care.
Please contact our team if you are unsure whether your blood clot compensation claim meets the eligibility criteria. An advisor could assess your case for free. In the next section, we look at how these criteria apply to medical negligence claims
How Can Medical Negligence Result In A Blood Clot?
Medical negligence could result in blood clots if healthcare providers fail to properly assess a patient’s risks, misdiagnose them or provide the wrong treatment. Failures in delivering care could cause preventable clots, DVT’s and PE’s. Potential causes may include:
- Negligent monitoring – a pregnant woman tells her midwife her leg is swollen. The patient is not followed up with or assessed for a DVT. The clot moves and becomes a life threatening PE.
- Surgical negligence – the surgical team failed to properly assess the patient’s risk of developing blood clots. They do not administer blood thinners and the patient suffers a blood clot which travels to their lung.
- Inadequate cancer care – a cancer patient with a high risk of blood clots is not issued with compression socks. They develop a DVT in their leg and are left in chronic physical pain.
- Medication errors – a bedridden patient is not given the correct anticoagulant treatment after surgery. They develop a DVT blood clot in their legs.
- Misdiagnosis – an elderly patient presents with breathlessness and leg pain. They are misdiagnosed with anxiety and muscle strain. The delay in getting treatment for a blood clot injury results in their developing PE and lung damage.
These are just some examples of how medical negligence could result in a blood clot. Please contact our team to make a blood clot, DVT or pulmonary embolism compensation claim.
How Much Compensation Could I Claim For A Blood Clot?
A patient left with very severe brain damage caused by a blood clot could be awarded between £344,150 and £493,000. This figure and those in the table below (with the exception of the first row) comes from the Judicial College Guidelines (JCG). The JCG may be used by solicitors or the courts when estimating damages for pain and suffering.
How much compensation you could claim for a blood clot may be calculated by looking at the two heads of loss you may be awarded. The first of these is general damages, awarded for pain and suffering. These are automatically awarded if a claim is successful. The second is special damages. These are awarded for qualifying financial losses related to your claim.
| Harm | Severity | Notes | Damages |
|---|---|---|---|
| Multiple types of harm + special damages, e.g. lost income. | Severe. | Multiple forms of harm and special damages. | Up to £1,000,000+ inc. special damages for medical bills, etc. |
| Brain damage. | Very severe – A | Person has little to no meaningful response to surroundings. | £344,150 to £493,000 |
| Moderately severe – B | Awards take account of ability to communicate, degree of dependence and age. | £267,340 to £344,150. | |
| Injuries involving paralysis. | Tetraplegia/ quadriplegia – A | Awards at the top end the person may be in pain and there may be significant effects on their ability to communicate. | £396,140 to £493,000 |
| Paraplegia – B | Awards take the degree of independence, age, pain and life expectancy into account. | £267,340 to £346,890. | |
| Chest injuries | Serious heart damage or removal of a lung – A | Serious and prolonged pain and suffering. | £122,850 to £183,190. |
| Bowels | Loss of natural bowel function – B | Reliance on a colostomy. | Up to £183,190. |
| Bladder | Loss of bladder control and function – B | Complete loss. | Up to £171,680. |
| Leg injury | Amputation – A (iii) | Above the knee amputation, one leg. | £127,930 to £167,760. |
| Amputation – A (iv) | Below the knee amputation of one leg. | £119,570 to £162,290. |
Special damages may be awarded for,
- Medical bills – you may have had to pay out of pocket for private medical care or medication to deal with the harm caused to you.
- Care costs – you could be compensated for professional care in the home or in a dedicated care facility. You may also claim for any earnings lost by a loved one who took time off to provide care.
- Lost earnings – you may claim for current or future lost earnings as well as lost workplace benefits, such as pension contributions.
- Rehabilitation costs – you may have had to access rehabilitation services to help you cope with a new disability or injury.
These are just some examples of what you may be awarded compensation for. Whether you have been harmed by GP negligence, at a hospital or by another type of healthcare provider, our team could help you.
How Can I Prove Negligence For A Blood Clot Compensation Claim?
To prove negligence in a blood clot compensation claim, you need to show that a healthcare provider failed to meet their duty of care. Having a strong body of evidence helps to demonstrate that substandard care caused you preventable harm.
A solicitor could help you to collect evidence such as:
- Medical records – these may show that you were misdiagnosed, or errors in treatment or medication. They should also show subsequent treatment received.
- Testimony from an independent medical expert – a solicitor may request you have an independent medical assessment during which will produce a report that may be submitted with your claim.
- Witness statements – witnesses to negligent care may provide statements to support your case.
- Correspondence with the healthcare provider – this may include letters from a GP, other doctor or hospital.
Medical negligence claims may be subject to the Bolam Test. During this test medical professionals will assess whether the care provided met reasonable, professional standards. Such as those set by the General Medical Council. The more evidence you have, the greater your chance to show that the care did not meet such standards.
Please get in touch with our team for help and assistance in making a claim.
How Long Do I Have To Claim For Blood Clots, DVTs and Pulmonary Embolisms?
If you are claiming on your own behalf you will generally have 3 years in which to claim for a blood clot, DVT or Pulmonary Embolism. How long you have to claim is set by the Limitation Act 1980. Under this legislation, the time limit to file a claim begins on the date on which you were harmed or of you becoming aware of it.
There are exceptions to this standard limitation period. These include those for people under the age of 18 and those with reduced mental capacity. This is because these parties are unable to claim on their own behalf.
Those with a reduced mental capacity are not subject to any time limit, unless such capacity is regained. Where a claimant is under 18, the time limit does not apply until this date.
Whilst the limitation period is not in effect, a litigation friend may act on behalf of either of these parties. Get in touch with our team to learn more about how long you may have to file your claim.
No Win No Fee Blood Clot Compensation Claims
A No Win No Fee agreement (also known as a Conditional Fee Agreement – CFA) is a way of funding blood clot compensation claims made with a solicitor. Doing so allows you to claim compensation without needing to meet any upfront solicitors fees.
The benefits of making a No Win No Fee compensation claim with JF Law include,
- Not having to pay any upfront solicitors fees.
- No solicitors fees to pay if the claim is unsuccessful.
- Paying a legally capped success fee if you win the claim.
JF Law can provide expert advice and support throughout the claims process. A solicitor could help collect evidence and organise medical assessments. JF Law has a proven track record in helping people to make successful medical negligence claims. Further benefits of making blood clot compensation claims with JF Law include,
- A clear explanation of the claims process.
- Negotiating with the defendant on your behalf.
- Preparing a case for court should it needto do so.
Contact JF Law
Please contact our team if you or a loved one have been impacted by medical negligence. You can do so by:
- Phoning 0151 375 9916.
- Using our online form to contact us.
More Information
Find more information on related claims in these guides.
- Here you can find out more about delayed cancer diagnosis claims.
- Learn more about pregnancy negligence claims here.
- Find out more about pressure sore claims in this guide.
References.
- Find out about reducing the risk of blood clots in this NHS resource.
- Make a complaint about NHS care here.
- Check your entitlement to Statutory Sick Pay here.
Thank you for reading our guide to blood clot compensation claims. Talk to our to learn more about making a claim.
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