Blood tests are a crucial component of efficient health care. Physicians depend on the accuracy of blood test reports to confirm diagnoses and recommend the proper treatment. Any error while administering, interpreting or reporting blood tests can result in a wrong diagnosis followed by wrongful treatment. Depending on your illness and the blood test negligence that occurred, this could cause you to feel worse than you should or it could result in the disease advancing further, which could be fatal in some cases.
If you have been a victim of blood test medical negligence you should consider speaking to a medical negligence solicitor to get help with filing a blood test medical negligence claim.
How Blood Test Medical Negligence Can Occur
These are several different types of blood tests where medical negligence could occur. Below are some examples.
Negligence while drawing the blood:
- Using unhygienic or used needles to draw blood
- Not following sterile equipment or infection control procedures
- Not swabbing with an alcohol wipe before drawing blood
- Not taking sufficient care when inserting the needle
- Needlestick injuries
- Mix-up of patients’ blood samples
- Incorrectly labelled blood samples
- Blood samples not kept at the correct temperature
- Delay in testing the blood
- Delay in sending the report
- Expired products used in the testing, getting an inaccurate result
- Quality control measures not followed
- Inaccurate diagnosis
Misinterpretation of the blood test results:
- The blood test was carried out properly and diagnosed correctly but the staff misread the blood test report
Consequences Of Blood Test Negligence
Regardless of whether the error originated at the time of drawing the blood, diagnosing the blood in the lab or interpreting the test report, it can have drastic repercussions.
A delay in testing, diagnosing or sending the report can result in the patient not receiving timely treatment, causing their condition to deteriorate further.
A mix-up of blood samples, a misdiagnosis, or a misinterpretation of the blood test result can lead to the patient being treated for the wrong condition. This can give rise to several complications as the patient may be subjected to painful invasive treatments unnecessarily while their real condition goes untreated and gets increasingly more serious.
If your treatment was delayed or you received the wrong treatment because of medical negligence, you should consider filing a blood test negligence claim for compensation.
How To File A Blood Test Negligence Claim
The most common way to file a blood test negligence claim is with the help of a medical negligence solicitor. Blood test negligence claims can be very challenging to win without the necessary legal background and experience. You need to provide solid proof of the negligence and present it in such a way that the defendant’s lawyers won’t be able to discredit it on a mere technicality.
With the experience of helping victims of medical negligence get compensated for their injuries, medical negligence solicitors should have a better chance of filing a successful blood test negligence claim on your behalf. They are able to research precedents and reach out to other legal experts to determine the maximum amount of compensation that can be claimed for injuries.
Most medical negligence solicitors will also go all out to ensure that they do not add to any financial stress by offering a complimentary consultation session and typically a No Win No Fee option.
The complimentary consultation session aims to assess the merits of your claim and determine how likely you are to win compensation. The No Win No Fee agreement aims to make it easier for you to protect your legal rights without any out of pocket expenses.
How A No Win No Fee Blood Test Negligence Claim Works
In basic terms a No Win No Fee blood test negligence claim is based on an agreement between you and your solicitor in which the solicitor commits to representing you without paying any fees in advance. They will also cover all the costs associated with your claim while it is in progress. On your part, you agree to pay the solicitor a percentage of the compensation if your blood test negligence claim is successful. You are not liable to pay anything if the claim is unsuccessful.
A Win No Fee agreement allows you the peace of mind in knowing that your claim is being handled by an expert without any financial risk to you.
Calculating Compensation For Blood Test Negligence
Anyone who has sustained an injury due to medical negligence is entitled to claim general damages and special damages compensation for their injuries and losses.
General damages are awarded for your pain, suffering and trauma. The compensation amount is calculated based on the severity of your injuries.
Special damages are awarded for actual expenses and losses you’ve incurred because of the negligence. Under this category, you can claim reimbursement for all medical expenses, travel costs related to ongoing treatments, cost of home care, and cost of alterations or additions to your home or vehicle to accommodate your injuries. You can also claim reimbursement for loss of monthly salary, loss of bonus and lost promotion opportunities if your injuries prevented you from resuming work for an extended period of time.
Time Limits For Filing A Blood Test Medical Negligence Claim
The time limit for filing a medical negligence claim is 3 years from the date the negligence occurred or 3 years from the date that your injury/illness is diagnosed as being as a consequence of the negligence. You may lose your right to seek compensation if your claim is not filed within this time. A skilled medical negligence solicitor will make sure that your case is reviewed and your blood test medical negligence claim is filed well within the deadline.