Yes, you could claim for a negligent blood transfusion. Negligent blood transfusions could have serious and even severe consequences for patients. Harm may be caused by procedural errors, the administration of the wrong blood type, or even contaminated blood. In our guide to blood transfusion claims, we look at when and how you could claim compensation.
We begin by examining who is eligible to make a blood transfusion claim. Following this, we examine how compensation can be calculated. Next, we explain why blood transfusions may be needed and the risks commonly associated with transfusions. You can then find information on how medical negligence may occur and the potential impact it could have on you. Finally, at the end of this guide, there is information on how to get support from one of our panel of solicitors.
Please talk to our team if you have been impacted by blood transfusion errors. We are on hand 24/7 via:
- Phone 0800 408 7825.
- Our live webchat on this page.
You can also send the details of your case to our team using our contact form.
Jump To A Section
- Who Can Make Blood Transfusion Claims?
- How Much Blood Transfusion Compensation Could I Get?
- Why Might A Blood Transfusion Be Needed?
- Are There General Risks To Getting A Blood Transfusion?
- What Negligence Could Occur During A Blood Transfusion?
- How To Claim For A Negligence Transfusion
- No Win No Fee Blood Transfusion Claims
- Learn More
Who Can Make Blood Transfusion Claims?
Blood transfusion claims could be made by those avoidably or unnecessarily harmed by a blood transfusion. As we will explore in detail later in this guide, harm may be caused by administering the wrong blood type or using contaminated blood, among other causes.
As with all medical negligence claims, there are specific criteria which your case must meet. You must be able to clearly show that:
- A hospital, clinic, practitioner or healthcare provider owed you a duty of care at the time of your blood transfusion. This is automatically owed whilst under the care of a medical professional.
- The care they provided during your blood transfusion falls short of professional standards, such as those set by the National Institute for Health and Care Excellence.
- Their negligence caused you harm which could have been avoided.
Your claim will need to show that another similarly qualified medical professional would not have acted in the same way.
Can Blood Transfusion Negligence Claims Be Made Against The NHS?
Blood transfusion negligence claims can be made against the NHS or private hospitals and clinics. The duty of care outlined above applies no matter which part of the healthcare system your blood transfusion was carried out by.
When claims are brought for NHS negligence, they are handled by a body called NHS Resolution. This body is responsible for representing the NHS in your claim. If you choose to work with a solicitor, they would negotiate with NHS Resolution to resolve your case efficiently, effectively and fairly.
Claims On Behalf Of A Loved One
There are circumstances in which you could make a claim on behalf of a loved one harmed by blood transfusion errors. Claims could be made on behalf of a loved one who is under the age of 18 or who lacks sufficient mental capacity to do so themselves. Such parties are unable to bring a claim on their own behalf. In these cases, you may represent the person harmed in their claim by acting as a litigation friend. To do so, you must be a suitable adult, be able to represent the claimant fairly and be appointed by the courts.
In the most severe cases, such as the infected blood scandal, negligent blood transfusions can be fatal. It is estimated that 3,000 people died as a result of this long-term scandal in the UK. In the 6 months following a person’s death, the Law Reform (Miscellaneous Provisions) Act 1934 enables the estate of the deceased to claim compensation for their pain, suffering and certain financial losses. Compensation awarded here will be paid into the deceased’s estate.
Qualifying relatives and dependents may subsequently bring a claim. This would be enabled by the Fatal Accidents Act 1976.
Our team could provide help and assistance if a negligent blood transfusion has harmed you or a loved one. Please contact us for further information.
How Much Blood Transfusion Compensation Could I Get?
Successful blood transfusion compensation claims could be awarded between £344,150 and £493,000 in instances of very severe brain damage. These figures are in line with guidelines produced by the Judicial College. These guidelines may be used when calculating blood transfusion compensation claims.
How much compensation you could get may depend on the degree of pain and suffering experienced (general damages) and the financial losses connected to this (special damages).
We have used figures from the JCG in our table below. Please be aware that the first figure was not sourced from the JCG. It must also be noted that whilst these figures may be used in the calculation of settlements for general damages, they are not a guarantee of what you will be awarded.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple and severe forms of harm + special damages (e.g loss of earnings). | Severe. | Up to £1,000,000+ with special damages. |
| Brain damage | A - very severe | £344,150 to £493,000. |
| Kidney | A - the loss of or serious and permanent damage to both kidneys. | £206,730 to £256,780. |
| B - Significant risk of a UTI or of loss of kidney function in the future. | Up to £78,080 | |
| C - Loss of a kidney. The other is not affected. | £37,550 to £54,760. | |
| Lung disease | C - disease which significantly worsens lung function. | £66,890 to £85,460. |
| D - causing difficulty breathing (which is short of being disabling). | £38,210 to £66,920. | |
| Digestive system. | B - Illness from non-traumatic injury - (i) severe toxicosis. | £46,900 to £64,070. |
| Spleen | A - Loss of the spleen and continuing risk of infections. | £25,380 to £32,090. |
| B - minimal or no risks outlined above. | £5,310 to £10,550. |
What Factors Will Affect The Amount Of Compensation I Get?
Factors which could affect the amount of compensation you get include what type of harm you experienced and how severe it was (as outlined above) as well as what financial losses you experienced.
Special damages could be awarded to compensate for financial losses caused by the harm you (or a loved one) suffered.
You may be compensated for
- Loss of earnings and income. As a result of the harm or illness you suffered, you may have had to take an extended period of time off work. Or, you may have been unable to return to work as you did before. Compensation for lost income and earnings can help you provide for your loved ones while concentrating on your recovery.
- Medical costs. These could include the cost of further medical treatment, therapy and prescriptions.
- Travel expenses. This could include the cost of travel fares or parking incurred in attending medical appointments.
- Care costs. If you required care at home during your recovery or afterwards, you may be able to reclaim these costs.
You must provide proof of any financial losses you intend to claim. Evidence could include wage slips, invoices or estimates, receipts and bank statements.
If you have incurred urgent and/or ongoing costs, such as medical care expenses, you may be eligible for an interim payment. Interim payments are payments made in advance of your final settlement. They are deducted from this final settlement.
Why Might A Blood Transfusion Be Needed?
A blood transfusion might be needed in a variety of different circumstances such as when treating a disease, following major trauma or where you have a condition affecting clotting factors. Blood transfusions are relatively routine procedures and are considered generally safe by the NHS. During a transfusion, blood is taken from a donor and inserted via a plastic tube.
Below we look at examples of when transfusions may be needed and how errors could occur.
Major Trauma
Road traffic accidents, surgeries and other accidents could cause major trauma and loss of blood. Patients may require transfusions of blood to replace that lost in the trauma and to stabilise their condition.
Example, donated blood may be required to stabilise a patient during major surgery. If the patient is given the wrong blood type it may trigger a severe immune response to the blood. In some cases this can be life threatening.
Childbirth
Transfusions may be required during caesarean sections or to treat postpartum haemorrhage to restore the mothers blood volume.
Example, errors could include the mother being given an incompatible blood transfusion leading to life-threatening complications.
Cancer Treatment
Cancer treatment, such as chemotherapy, could reduce blood cell counts or lead to anemia. Transfusions may be carried out to help manage a patient’s symptoms.
Example – a patient is given contaminated blood products containing hepatitis C. This is not detected till later when the patient develops liver damage.
Sickle Cell Disease
Sickle cell disease is a group of life-long health conditions. Those with sickle cells produce red blood cells which are unusually shaped. They do not live as long as healthy red blood cells and can cause complications, such as by blocking blood vessels. Patients with sickle cell anaemia may be given transfusions to reduce the risk of complications such as strokes.
Example – transfusion equipment is not properly sterilised before use. The patient develops a serious bacterial infection.
Haemophilia
Hemophilia is a rare and often incurable condition affecting blood clotting factors. Those with the condition bleed more easily and for longer than those without it due to a lack of clotting factors. Patients with haemophilia may be given factor ix or factor vii via transfusions. Such transfusions are given to help manage symptoms such as bleeding.
Example – a patient could be given an unnecessary transfusion containing HIV and leaving them with a life-long health condition.
Our team could provide help and assistance with NHS or private hospital negligence claims. Contact us to discuss blood transfusion claims.
Are There General Risks To Getting A Blood Transfusion?
There are general risks to getting a blood transfusion. As with any medical procedure there are risks and side effects which may be expected in some instances. These risks differ from harm for which you could claim.
A safe blood transfusion may still have risks such as,
- Fever – non-serious fevers could occur during or after a transfusion. These will often be quickly resolved without causing long term harm.
- Allergic reactions -mild reactions such as rashes could occur if you are sensitive to donated blood. This may be managed with medication.
- Fluid overload – excess volume during a transfusion could lead to difficulty breathing. This may be more common in older patients.
- Transfusion-related acute lung injury – whilst rare, blood products could cause inflammation in the lungs and temporary respiratory problems.
It is important to note the safety and efficacy of blood transfusions. Whilst these risks are present you may not claim compensation for them as they are known. Your doctor should inform you of any such risks prior to carrying out a transfusion.
Talk to us to find out if you could sue a doctor or other medical professional.
What Negligence Could Occur During A Blood Transfusion?
Negligence, distinct from the general risks outlined above, could occur during a blood transfusion. Below we look at examples of blood transfusion errors.
Incorrect Blood Type Given
The incorrect blood type may be given to a patient as a result of errors in labelling or in cross-matching blood type samples.
Where a patient is given the wrong or incompatible blood, they may suffer an acute haemolytic reaction causing a rapid heart rate, chills, fever and the risk of kidney damage. Urgent intervention may be needed if a patient is given the wrong blood type.
Administering Contaminated Blood
Administering contaminated blood, such as the widespread instances found during the infected blood scandal, may involve blood products which have been improperly stored, contaminated and/or not properly screened.
In the 1970’s and 80’s patents received blood transfusions which were contaminated. This put recipients at risk of developing hepatitis C or HIV. As a result of this widespread scandal, an inquiry and subsequent infected blood payment scheme were put in place.
In addition, contaminated blood could put patients at risk of developing sepsis and various other viral or bacterial infections.
Unnecessary Blood Transfusion
Unnecessary blood transfusions could be caused by misdiagnosis or by healthcare staff not adequately reviewing patients’ medical records. For example, medical staff may overlook the fact a patient has stable levels of haemoglobin during a patient handover.
Administering too much blood could overload the circulatory system. This may lead to breathing difficulties and swelling. This may be more harmful in vulnerable patients.
Incorrect Patient Given Transfusion
The incorrect patient could be given a transfusion due to an identification error. Examples could include where wristbands are mismatched. A patient receiving another patient’s blood products could experience severe reactions. These may include fever, hives or even shock. Transfusions may be given to the wrong patient due to failures in patient safety protocols.
Injury To The Patient During Transfusion
Patients could be injured during transfusions due to administrative errors, allergic reactions and bacterial contamination due to sterilisation failures. If blood products are not heat treated patients may face the risk of contracting sepsis. Overlooking adverse effects suffered by patients during an infusion could exacerbate the patient’s condition.
These are just some examples of where blood transfusion claims could be made. If you have been affected by the contaminated blood scandal or in any other way, please talk to one of our advisors.
How To Claim For A Negligence Transfusion
To claim for a negligent transfusion you must take steps such as gathering evidence and ensuring that your claim is filed within the applicable time limit.
Under the Limitation Act 1980, blood transfusion claims must be filed within 3 years of the date of knowledge. This may be the date the incident took place on, or when you were diagnosed with a subsequent medical condition.
Exceptions to this apply where:
- The person harmed is under 18. Such persons are not able to claim themselves. In these cases the time limit does not start till they are 18.
- The person has reduced mental capacity. Such persons are also not able to claim for themselves. The time limit is suspended and only takes force if they regain said capacity.
Claims for contaminated blood transfusions or other errors require a strong body of evidence. This may include (but is not limited to)
- Copies of your medical records. These may document your original condition, what you were treated for and why you had a transfusion. Information on subsequent diagnosis of and treatment for harm suffered should also be recorded.
- Photographs may show any visual harm suffered, such as rashes, etc.
- Witness statements from other healthcare staff or those accompanying you to appointments may be taken by a solicitor.
An advisor from our team could provide more information on how to claim and explain how the medical negligence claims process works.
No Win No Fee Blood Transfusion Claims
Using a No Win No Fee agreement, a solicitor from our panel could help with your blood transfusion claim. The solicitors on our panel have decades of experience in helping people to make successful medical negligence claims, such as for life threatening harm caused by contaminated blood.
Whether you are seeking blood compensation for a yourself or a loved one, the benefits of choose our team can include:
- A Conditional Fee Agreement, meaning you pay no solicitors’ fees unless you win your claim.
- Help securing an interim payment to meet medical or other expenses.
- Expertise and help organising medical assessments to collect additional evidence.
- A nationwide service.
Contact Public Interest Lawyers
Contact Public Interest Lawyers today to start your journey towards claiming compensation. Our advisors are on hand 24/7 to answer your questions or to connect you to a solicitor from our panel. With expert training and knowledge, we could help you.
Contact us using our online form to send the details of your case, or,
- Call one of our advisors on 0800 408 7825.
- Talk to us over our live webchat.
Learn More
You can learn more by reading our related medical negligence guides and finding information in these references.
- Transfusions may be required as a result of birth trauma. Read more about claims for traumatic birth injuries here.
- Read more about oesophageal cancer misdiagnosis claims in this guide.
- In this guide, you can find information on how to claim for a prescription error.
References.
- Find information on transfusion safety in this resource from the NHS.
- You can find out more about the infected blood inquiry and its findings in this resource.
- This government resource provides information on how victims of the infected blood scandal can apply to support schemes.
Thank you for reading this guide. Please contact us using the methods above if you still have any questions about how our team could help with blood transfusion claims. We are ready to listen to you.