While blood clots are fairly regular occurrences, they can lead to kidney problems, pulmonary embolisms, Deep Vein Thrombosis (DVT) and other life-threatening conditions if not spotted and treated quickly. Misdiagnosis of a blood clot is a form of medical negligence and, as such, you could be entitled to compensation for any suffering caused. Our guide about blood clot compensation claims will look at some types of negligence that could lead to a claim and review how much compensation you may be eligible to claim.
Our team is on hand to help if you have any queries about blood clot claims. If you call for an initial consultation, a specialist will review your case with you and offer free legal advice. If there’s a realistic chance you’ll be compensated and a medical negligence solicitor from our team agrees to represent you, your claim will be processed on a No Win No Fee basis. That means you’ll only need to pay legal fees if you are compensated.
To learn more about blood clot claims please read on. Alternatively, to speak with us about your options, call 0800 6524 881 today.
Table of contents
- What Causes Blood Clots
- Am I Eligible To Make A Blood Clot Compensation Claim?
- Examples Of Medical Negligence That Can Cause Blood Clots
- Post-Thrombotic Syndrome
- Can You Sue The NHS For A Blood Clot?
- How Much Compensation For A Blood Clot Could I Claim?
- How Are Blood Clot Compensation Claims Assessed?
- Fatal Blood Clot Claims
- What Evidence Can I Use To Support A Blood Clot Claim?
- What’s The Time Limit For Claiming Blood Clot Compensation?
- Starting The Blood Clot Compensation Claims Process
Blood clots occur naturally when we bleed. They are the body’s way of trying to prevent blood loss. When a blood vessel is damaged (injured) blood plasma and platelets work together to form a clot over the injury. After healing, the blood clot will normally dissolve naturally. However, when the blood clot doesn’t dissolve, it can end up inside a blood vessel and cause potentially life-threatening conditions.
According to the NHS, you’re more at risk of blood clots if:
- You’re a smoker.
- You’re overweight.
- You’ve been in hospital recently and couldn’t move around much.
- You’ve had blood clots in the past.
- You’re using some forms of contraception.
- You’ve just had a baby or are currently pregnant.
- You have rheumatoid arthritis, Crohn’s disease or other inflammatory illnesses.
A DVT is where a blood clot is found in one of the deep veins. They can occur following surgery, on long-haul flights and following a stay in a hospital. You could claim compensation for a blood clot if your GP was negligent and misdiagnosed, failed to treat or failed to identify the risk of a DVT that caused you to suffer.
Primary embolisms can occur when a DVT is untreated and the blood clot travels to your lungs and blocks a blood vessel. If you’ve suffered a pulmonary embolism following a misdiagnosed DVT, you could be entitled to claim compensation.
Medical professionals have a legal duty to provide a reasonable standard of care to their patients. Before a medical negligence solicitor from our team takes on a blood clot compensation claim, they’ll assess whether:
- The level of care you received fell below what you could reasonably expect from a medical professional (negligence); and
- As a result, you were made ill because of a blood clot (causation).
In medical negligence claims, it’s vital that you can prove both negligence and causation. Essentially, this means you could be eligible to claim if you suffered from a blood clot that could’ve been prevented.
The following are some examples of medical negligence that can cause blood clots and lead to a compensation claim:
- The risk of you developing a blood clot was not checked.
- A deep vein thrombosis was not treated quickly enough.
- A pulmonary embolism was not diagnosed or treated quickly enough.
- You were given medication for a blood clot that wasn’t necessary and caused a stroke.
- Clot-thinning medication was not administered soon enough.
If you or a loved one has suffered following a blood clot that you believe should’ve been prevented, please speak to a member of our team.
As well as the short-term risks associated with blood clots, you could be compensated if medical negligence has caused you to suffer from Post-Thrombotic Syndrome (PTS).
This is where deep vein thrombosis causes damage to the veins and leads to long-term problems. The damage reduces blood flow in the legs and can cause the following symptoms:
- Hardening of the skin.
- Cramps and aches.
- Pins and needles, itching and tingling.
- Skin discolouration.
- Venous ulcers and varicose veins.
- A feeling of heaviness in the leg.
Additionally, PTS can lead to depression, loss of confidence and anxiety which should all be considered when making blood clot compensation claims.
Any form of medical negligence in a private or NHS hospital that causes you to suffer could entitle you to blood clot compensation. If claiming against a private hospital, your case will be managed by the hospital’s insurance provider. When claiming against the NHS, the case will be managed by NHS Resolution.
While you might have concerns about claiming compensation for blood clots against the NHS, any compensation that’s awarded is designed to help you move on as much as possible following the suffering caused by negligence. Also, the NHS aims to learn from claims and complaints made against them. That means your claim could lead to clinical changes that prevent similar mistakes from being made in the future.
Successful claims for medical negligence should provide compensation for any suffering endured by the claimant as well as any financial losses. What’s awarded will vary from case to case but if you win your blood clot compensation claim, it could cover:
- Any physical pain and suffering caused by your blood clot.
- Mental harm such as distress, anxiety or fear for your life.
- Lost earnings.
- Medical expenses including prescription fees.
- Care costs if somebody else supported you during your recovery.
- Travel expenses such as hospital parking fees and fuel costs.
- Future earnings losses if your income is reduced in the long term because of the blood clot.
- Modifications to your car or home to help you deal with any permanent disability resulting from the blood clot.
As part of your claim, you’ll likely be required to attend a medical assessment with an independent specialist. During the meeting, they’ll examine you, find out from you how the blood clot has affected you and examine your medical notes. The report from the meeting will then be forwarded to all parties involved in your claim.
As solicitors are not usually medically trained, they must rely on 3rd party medical experts for a blood clot claim. Essentially, the argument that a medical professional caused the claimant to suffer must be tested by somebody who is qualified to do so.
Therefore, your solicitor will collect medical records and notes relating to your treatment and forward them to a specialist. They’ll review what happened to see if they’d have done things differently. This is called the Bolam test.
If the specialist agrees that the medical professional was negligent, your claim is likely to proceed. If they suspect that nothing could’ve been done differently to prevent your blood clot, your solicitor would probably not continue.
Unfortunately, misdiagnosed blood clots can lead to fatalities. While we know that no amount of money will help you to get over the loss of a loved one, compensation could help you to deal with the financial implications.
If you were financially dependent on the deceased or have incurred costs because of their death, please feel free to speak to us about your options.
To make a successful blood clot compensation claim, you’ll typically need to provide strong evidence that supports your claim that the blood clot was caused by negligence.
This evidence may include:
- Your medical records.
- Witness statements.
- Expert opinions.
- Documentation/information related to the blood clot.
- Records of financial costs/expenses.
If you use a medical negligence solicitor on our team they can help gather and present the appropriate evidence to support your claim.
You’ll usually have 3-years to claim compensation for a blood clot. In most cases, this limitation period will start from the date you found out that your clot had been misdiagnosed and caused problems.
We usually suggest that you speak to our team sooner rather than later if you are thinking of claiming. That’s because, if your claim is taken on, it will give your solicitor enough time to review your case, collect supporting evidence and speak to medical experts on your behalf.
The easiest way to find out if you’re eligible to claim for a blood clot is to call us on 0800 6524 881. During a no-obligation consultation, your claim will be reviewed by a specialist who’ll provide free advice about your next steps.
Any blood clot claim that’s taken on by a medical negligence solicitor from our team is managed on a No Win No Fee basis. Therefore, you will only pay legal fees if you receive a compensation payout.
Our live chat team is online now if you’ve any further questions about the process of making a blood clot compensation claim.