Blood clots can form in different parts of the body, causing heart attacks, strokes, organ damage, loss of limb and paralysis, but they can also form in the legs and lungs. Blood clots are serious and life-threatening, and they must be treated immediately. If medical negligence has occurred, patients may have grounds to pursue blood clot claims.
This guide provides essential information on blood clot claims. We include information about how compensation amounts are awarded and look at various examples of negligence. Notably, we break down the eligibility requirements, so you know whether you have a valid blood clot claim. We will also introduce you to our panel of No Win No Fee Solicitors and the funding options available for you to pursue a medical negligence claim regardless of your financial situation.
If you have any immediate questions, please contact our team of advisors using the details provided below. The advisory team is available around the clock to help answer any questions you have about claiming medical negligence compensation.
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Jump To A Section
- Who Can Make Blood Clot Claims?
- What Compensation Could Be Awarded For Blood Clots?
- What Are The Different Kinds Of Blood Clots?
- How Can Medical Negligence Cause A Blood Clot To Happen?
- Starting A Blood Clot Negligence Claim
- Can I Claim With A No Win No Fee Solicitor
- More Information
Who Can Make Blood Clot Claims?
Everyone has the right to make a blood clot claim as long as they satisfy specific eligibility criteria:
- A medical professional owed you a duty of care
- They breached their duty of care
- You suffered harm in the form of a blood clot
The important thing to remember is that all medical professionals legally owe you a minimum standard of care, which they are expected to meet or exceed. If a medical professional agrees to treat a patient for a blood clot or to prevent a blood clot, this duty is owed automatically.
If a medical professional fails to meet the minimum standard of care through committing a negligent action, you may be eligible to make a medical negligence claim.
Can I Make A Claim On Behalf Of A Loved One?
Yes, you can absolutely make a claim on behalf of a loved one if they lack the mental capacity, are underage or have passed away.
If someone you love has a valid blood clot claim but can’t pursue it because they lack capacity or are too young, you can claim on their behalf as a litigation friend. A litigation friend is a legally appointed role in which you can handle decision-making, representation, and communication on behalf of the protected party. Most importantly, you can help someone you love claim while time limits are on hold.
If your loved one passed away because of a blood clot that had been misdiagnosed, improperly treated, or not treated at all, you might be eligible to file a fatal injury blood clot claim under the Fatal Accidents Act 1976.
Under the Law Reform (Miscellaneous Provisions) Act 1934, only the estate of the deceased can make a claim within the first 6 months following the death of the loved one.
The estate can claim compensation for any pain or suffering the deceased person experienced, as well as the impact the death has had on their dependents. However, if the estate fails to claim on behalf of the dependents within the first 6 months, the dependents can still recover some costs such as:
- Funeral costs
- The cost of childcare if the deceased was responsible for childcare
- Loss of consortium (the loss of a special person or relationship)
- Financial losses, for example, loss of earnings
If you have lost a loved one and you want to know more about fatal blood clot claims, please get in touch so we can support you during this difficult time.
What Compensation Could Be Awarded For Blood Clots?
Compensation awarded for blood clots is calculated on a case-by-case basis because every instance of harm is different for each claimant, including the severity. For instance, compensation might take into account how you suffered permanent disability due to long-term kidney damage from a pulmonary embolism or experienced short-term psychological issues because of deep vein thrombosis.
To help calculate blood clot compensation, medical negligence solicitors can refer to the Judicial College Guidelines (JCG). This is a legal publication containing numerous instances of harm, accompanied by their corresponding compensation brackets. In our table below, we have carefully selected types of harm you might suffer as a result of blood clots from the JCG. Your medical negligence solicitor might use the JCG to help calculate your own blood clot compensation.
Please note that the first compensation figure has not been taken from the JCG, and the figures below are intended to serve as a guide only. If you don’t see the instance of harm you suffered in this table, please speak to an advisor who can help estimate the blood clot compensation you might be eligible to claim.
| Type of Harm | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Serious Injuries with Special Damages (Loss of wages, medical bills etc) | Multiple Injuries | Up to £1 million+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Paralysis | Shorter Durations | £60,210 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Brain Damage | Moderate (i) | £183,190 to £267,340 |
| Chest Injuries | Lung removal and/or serious heart damage | £122,850 to £183,190 |
| Chest Injuries | Permanent damage | £80,240 to £122,850 |
| Leg Amputations | One leg amputated below the knee | £119,570 to £162,290 |
| Bowels | Severe | £54,420 to £85,100 |
Calculating Blood Clot Compensation
When calculating blood clot compensation, two heads of claim are considered if your claim is successful: general and special damages. Your medical negligence solicitor will take into account the following:
- What kind of harm did you suffer, and what was its severity?
- What is your expected recovery period?
- Have you or will you incur financial losses?
General damages are designed to compensate you for any physical and psychological harm you have suffered. Please have a read of what your solicitor will take into account when considering general damages:
- The severity of the medical harm
- The impact on quality of life
- The presence of psychological damage
- The need for invasive treatment
- The presence of disfigurement or deformity
- The likelihood of pain and suffering in the future
On the other hand, special damages are typically paid in the event of serious blood clot claims. This is because special damages are intended to compensate for any financial losses caused as a direct result of your blood clot. For example:
- Care or rehabilitation costs
- Adaptations to property
- Loss of wages
- Future loss of earnings
- Prescriptions
- Travel expenses
- Any other out-of-pocket expenses
If your blood clot has caused you to lose money, your claim may be considered for special damages. However, you must provide evidence in the form of documentary evidence. For example:
- A letter from your employer confirming the loss of wages
- Medical bills, for example, prescription receipts
- Rehabilitation invoices
You may also be entitled to receive an interim payment. Think of interim payments as an advance on your compensation figure, which covers immediate costs such as mortgage payments or rent. Interim payments are typically provided when the defendant has admitted liability or the case has a strong likelihood of success if it were to proceed to court.
If you have any questions about damages or blood clot claims, please have a chat with an advisor for free so they can help.
What Are The Different Kinds Of Blood Clots?
There are various types of blood clots, ranging from a heart attack to a stroke. Specifically, however, a blood clot is a semi-solid mass which forms when blood thickens, typically in the event of an injury to prevent bleeding. Normal blood clots are crucial for wound healing. However, abnormal blood clots can cause serious health complications and can sometimes be fatal if they block blood flow. Please find below 2 examples of blood clots.
Deep Vein Thrombosis
Deep vein thrombosis (DVT) is a blood clot that forms in a deep vein, often in the leg. The signs to look out for are pain, swelling and redness.
Pulmonary Embolism
A pulmonary embolism (PE) happens when a blood clot, typically originating from DVT, travels up the body to the lungs and blocks an artery. This is incredibly dangerous because the lungs can’t oxygenate the blood as effectively, causing strain on the heart. Symptoms may include shortness of breath, chest pain, and coughing (sometimes accompanied by blood).
If you have suffered one or both of the above blood clots or want to know more about blood clot claims, call or chat with us online for free.
How Can Medical Negligence Cause A Blood Clot To Happen?
There are many ways medical negligence can cause a blood clot to happen. Please find some examples below:
Failure To Assess Risk
Medical professionals are required to assess risk on a case-by-case basis, as every patient is unique and presents different risks. For example, age, weight, underlying health conditions and so on.
- A patient has recently had surgery and is at higher risk of developing blood clots. Their doctor fails to perform a risk assessment coupled with precautionary measures. A blood clot gets loose and travels to the patient’s heart, causing a heart attack.
Delayed Diagnosis
Medical professionals are expected to provide prompt diagnoses so that their patients receive treatment as quickly as possible, preventing health problems from worsening or becoming irreparable.
- A patient falls and injures their leg. The medical professional notices swelling and assumes it was caused by the impact. The patient later suffers a pulmonary embolism because the swelling was actually a sign of a blood clot in the leg, which travelled to the lungs.
Improper Treatment
If a medical professional fails to assess a patient’s symptoms accurately, it can lead to the patient being given the wrong medication. This can lead to adverse side effects and even death.
- A doctor has identified a blood clot in a patient and immediately administers blood thinners. However, the doctor gives too high a dose, causing the patient to suffer severe bleeding.
Failure To Monitor
It’s vital that all patients at risk of developing blood clots or those being treated for blood clots are monitored around the clock. This is because blood clots can grow, move or cause harm very quickly.
- A hospitalised patient is being treated for a blood clot in their lung and is having their vitals checked every 4 hours. However, a nurse on a night shift forgets to check on the patient. The patient becomes tachycardic due to a sudden dip in oxygen levels and suffers a heart attack.
Failure To Refer
It’s crucial that medical professionals refer their patients to the correct departments in a timely manner, so that patients can receive the help they need.
- A patient has complained to a GP that there is swelling in their neck and it hurts when they turn their head. The GP assumes it’s arthritis because of the patient’s age and doesn’t refer them for further investigation. The patient later suffers a stroke because of a blood clot that travelled from their neck to their brain.
If one of the above types of medical negligence has happened to you or you want to know more about blood clot claims, please get in touch with our team today.
Starting A Blood Clot Negligence Claim
When starting a blood clot negligence claim, you will need to bear in mind 2 things:
- Time limit
- Evidence
Beginning with the time limit, as per the Limitation Act 1980, you will need to make a medical negligence claim within 3 years of the harm suffered or the date of knowledge that you suffered harm. Notably, medical negligence is not always obvious. In other words, you might not find out that the blood clot you suffered was from a doctor’s negligent actions until a few months after you suffered harm from the blood clot. In this scenario, the time limit of 3 years would begin on the ‘date of knowledge’ when you connected the dots between your harm suffered and substandard medical care.
It’s important to state that the Limitation Act acknowledges specific exemptions from the 3-year window where the harmed person is unable to manage the claims process themselves:
- Adults who lack mental capacity. Time limits are put on hold until the individual regains their mental capacity, if they ever do.
- Children under the age of 18. The 3-year timer will begin on the child’s 18th birthday.
As discussed earlier in this guide, a litigation friend could be appointed to manage the claim for either of these exempt parties.
Secondly, evidence is the integral foundation of strong blood clot claims. This is because proof gives your blood clot claim validity and will hopefully articulate that the defendant committed a negligent act or a series of negligent actions.
Many things can serve as evidence:
- Photos of the harm, for example, swelling in a leg from DVT
- A personal account from the perspective of you as a patient
- Medical records showing a timeline of blood clot treatment
- Contact information from witnesses. Your solicitor will use these to collect statements
Understanding time limits and gathering evidence can be overwhelming, but it’s important to know that help is available. Contact us online, by phone, or through our live chat.
Can I Claim With A No Win No Fee Solicitor?
Yes, absolutely, if you satisfy the medical negligence claims eligibility criteria. Importantly, our solicitors provide claimants with a No Win No Fee contract known as a Conditional Fee Agreement (CFA). No one should be held back by their financial situation when it comes to making blood clot claims. Notably, if you agree to work with our panel, you will get immediate access to several benefits, including but not limited to:
- If your claim loses, you won’t have to pay any fees for solicitor’s services
- You won’t have to pay anything for solicitors’ services while your blood clot claim is still in progress.
- You won’t have to pay any upfront solicitor fees
- If your case wins, you will pay a success fee for the work your solicitor has completed. This is paid to your solicitor directly out of your compensation as a legally capped percentage
Not only will you be given access to these benefits, but you will also be provided with a wide range of services to help you focus on what really matters: your recovery. Please have a read of what our panel have to offer below:
- Arrangement for an independent medical assessment to determine the extent of the harm, as well as ensure that any treatment needs are met
- Help you find and consolidate evidence for your blood clot claim
- Utilise the evidence to calculate a compensation amount that is fair
- Draft your Letter of Claim to begin the claims process
- Communicate with the defendant’s solicitors and keep you informed at all times
- Guarantee that all instructions are followed and all deadlines are met
- Negotiate a final settlement amount
- Instruct a suitable barrister to take on your blood clot claim if it ends up in court
And there’s much more where that came from. Our panel’s priority is your health and ensuring you receive the compensation you deserve. It’s only fair.
Contact Public Interest Lawyers
If you would like to learn more about the various benefits and services or obtain general information about blood clot claims, please contact our advisory team using the details provided below.
Contact Us
- Call for free on 0800 073 8803
- Contact us online
- Talk to us using our live chat
More Information
Some more guides:
- Have you suffered a blood clot, and do you believe your doctor is responsible? Read our guide on suing your doctor for negligence.
- Has a medical professional failed to give you the right medication, and you’ve suffered a blood clot as a result? Read our guide on medication error claims.
- Were you not provided the minimum standard of care after surgery, and did it cause you to suffer a blood clot? Read our guide on surgery negligence.
Additional resources:
- Learn more about deep vein thrombosis from the NHS.
- Read up on surgical staff and regulations as outlined by the Royal College of Surgeons of England.
- Become familiar with the professional standards for doctors as set by the General Medical Council (GMC).
Thank you for taking the time to read our guide on blood clot claims. We hope you found it useful.