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Blood Clot Compensation Claims

Our bodies contain an intricate circulation system made up of arteries, veins and capillaries which transport blood and oxygen around the body. But as with any part of our physiological make up, something can go wrong within our blood circulation and cause serious health issues – particularly if blood clots develop and interrupt the blood flow.

However, if someone else, such as a medical team, was at fault – you have every right to make a blood clot compensation claim.

Making a blood clot compensation claim

Clots are a medical emergency and need prompt treatment, such as blood thinners, to assist the patient’s blood flow. Unfortunately, blood clots can be so serious that they could lead to potentially life threatening complications, such as strokes or heart attacks.

Medically known as a ‘thrombus’, a blood clot forms internally within the blood vessels and can be circulated around the body, and become troublesome. The most serious clots are those that develop in the limbs – Deep Vein Thrombosis (DVT); and in the lungs – Pulmonary Embolism. Fortunately, untreated blood clots are often avoidable if the correct care is provided.

If, for example, you’ve had surgery on your knee or hip, you may be unable to move around for a lengthy period and this can make a blood clot occur in the deep vein in the leg if the risk is not minimised. Clots of this kind can lead to permanent, painful damage to the leg itself; and in some cases, parts of the clot can travel to the lung, which can be fatal.

If you’ve developed a dangerous blood clot following surgery, it’s highly likely there has been a breach of duty of care towards you. In these cases, you should be able to claim blood clot compensation from those responsible.

We understand how daunting it is thinking about the possibility of making a compensation claim for blood clot injuries. Speak with friendly advisors who are able to talk you carefully through your specific circumstances and advise on whether you could make a blood clot compensation claim.

Importantly, your compensation claim will be taken on a No Win No Fee basis which means you will not have to pay out any legal costs if you do not win. You can call for free advice on 0800 234 6438or, if you prefer, you can fill in this online contact form.

DID YOU KNOW: Covid-19 has led to a 5-fold increase in the risk of DVT and a 33-fold increase in risk of a potentially fatal blood clot on the lung within 30 days of infection
SOURCE: British Medical Journal

What is a blood clot?

Blood clotting (‘coagulation’ is the medical term) is a natural physiological response to damage to a blood vessel, which prevents excessive bleeding. They form where a part of your blood starts to thicken and develop into a semi-solid lump. They can form in many parts of the body, from your leg or arm and even your brain. The obvious example is where you cut yourself and you can see how the blood quickly thickens on the surface of the skin becoming a solid ‘scab’.

However, an internal clot in a vein or artery can effectively become a bottleneck and cause significant health problems. They’re even more dangerous when they start to travel towards key organs, such as the lungs, heart or brain.

What are the symptoms of a blood clot?

The symptoms of a blood clot can easily be mistaken for something else, such as a bruise. This is why it’s important for people to recognise the typical symptoms of a blood clot so that they can get medical attention before serious harm is caused.

The most common symptoms when blood clots occur include:

  • Cramping, tingling or throbbing in the leg or arm
  • Redness and warmth in the area
  • Swelling, eg of the calf
  • Profuse sweating
  • Chest pain, sudden breathlessness and fast heartbeat
  • Coughing up blood
  • Difficulty in speaking, headache and loss of vision
  • Droopiness in the face
  • Abdominal pain, vomiting and diarrhoea

FACT

1 in 4 people die from causes related to blood clots in the Western world

SOURCE: Thrombosis UK

What are the most common causes of blood clots?

Almost everyone is at risk of developing blood clots at some point in their life, so it’s important that people have a general awareness of the particular risk factors. The chances are that most people know someone, or know of someone, who’s suffered after developing a blood clot.

Some people are at high risk of developing a blood clot and associated complications, such as patients who are immobile and recovering from surgery.

Other risk factors include:

  • Individuals who are obese or smoke
  • Those who have had previous strokes, heart attacks, heart failure and hardened arteries
  • Some cancer patients
  • Those who are in hospital for an operation or following a road traffic accident, or have recently been an inpatient (around 2 in 3 clots develop after hospitalisation)
  • Women taking the combined contraceptive pill or hormone replacement therapy (HRT)
  • Pregnant women or those who have recently given birth (find out more about making a birth injury claim)
  • Individuals who have previously had a blood clot
  • Those with underlying inflammatory health conditions such as rheumatoid arthritis and covid-19 patients
  • Those with diseases in which the body produces too many red blood cells
  • Passengers on long-haul flights
  • Those with a family history of clots

Although these people are more vulnerable to a blood clot, it is not inevitable: thankfully, measures can be taken to reduce the risk of clots and further complications.

If, for example, you’re in hospital for an operation your medical team will assess your risk of developing a clot and take the appropriate precautions, discussing the risks and your treatment with you. A common precautionary measure is prescribing clot busting medication, such as Warfarin, to thin sticky blood and reduce blood clotting.

Further measures, depending on your circumstances, might include wearing appropriate stockings on a flight or following an operation, drinking plenty of water regularly, staying active and ensuring you move around when possible to keep the blood flowing.

The reality is, however, that the correct precautions are neglected and an individual is placed unnecessarily at risk of developing a potentially fatal blood clot. If you or a loved one has suffered after developing an avoidable DVT or pulmonary embolism and it was someone else’s fault, get in touch. You can call for free advice on 0800 234 6438 or, if you prefer, you can fill in this online contact form.

DID YOU KNOW: Up to 20 out of every 100 people with cancer (up to 20%) develop a blood clot at some point.
SOURCE: Cancer Research UK

Isn’t my blood clot simply bad luck?

When you fall victim to something like a blood clot, it’s tempting to put it down to bad luck – one of those things that ‘just happens’. Whilst this can be the case, the reality is that the formation of a blood clot following surgery can be prevented with the right treatment.

If you don’t receive this treatment, or it isn’t administered in the correct manner, your clot has most likely been caused by negligence and it’s only right that you should receive maximum compensation. An experienced personal injury solicitor will know just how to go about building the strongest possible case.

Can you make a no win no fee blood clot compensation claim?

Quite simply – yes.

Anyone who has a reasonably strong blood clot claim can have their case taken on by specialist solicitors on a no win no fee basis. This removes the financial burden to you making a compensation claim. It means that if you don’t win blood clot compensation, you won’t have to pay any legal fees or costs to your solicitors; nor are there any upfront charges or hidden costs.

And if you do win your case, you will win the compensation you rightly deserve. You can be sure your solicitor will work hard towards securing maximum compensation. Out of your compensation, you will then pay your clinical negligence solicitor a ‘success fee’ as a percentage of the amount you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it.

Click here to find out more about no win no fee or call now for a free consultation on how you can make your claim.

What complications can be caused by blood clots?

Blood clots can not only be troublesome, they can also cause serious health problems – particularly if they lead to a DVT, stroke or pulmonary embolism.  Blood clots should not be allowed to develop, but if they do – the results can be long-lasting and potentially catastrophic.

For example, they can lead to:

  • Immobility
  • Temporarily or permanent brain damage
  • Ulcers and rashes
  • Post thrombotic syndrome, including constant pain, following DVT
  • Permanent damage to the lung or heart because of lack of oxygen
  • Kidney failure
  • Psychological stress
  • Death

Where blood clots are the direct result of a breach of duty of care, a compensation claim can help the individual on the road to recovery and an easier future.

Can I claim compensation for a DVT?

A DVT is a blood clot that forms in a deep vein, most commonly within the leg. They usually only affect those who sit or lay down for long periods of time without moving, such as hospital inpatients and passengers on lengthy flights. The effect of this immobility risk factor is that the blood circulation in your leg slows and the blood can pool, risking the formation of a clot.

Sometimes, a DVT forms unexpectedly; but in many situations it can be prevented. When they do develop, they should be promptly diagnosed and treated – otherwise the individual can suffer serious harm.

If, for example, you recently returned from a long haul flight and you’ve visited your doctor because you were concerned about a possible blood clot or DVT, but it was misdiagnosed, you’ve every reason to make a blood clot claim.

FACT

A blood clot that develops in a vein if called a venous thromboembolism (VTE), the most common of which is a deep vein thrombosis (DVT)

SOURCE: Thrombosis UK

Sadly, blood clot complications are all too common in elderly people who are being cared for in care and residential settings, particularly in the first weeks of admission. In fact, a DVT can be a sign of care home neglect of elderly residents who are, for example, bedbound. In these sad and avoidable cases of neglect and negligence, DVT compensation claims can be brought against the care provider.

If you or a loved one has developed a DVT and you believe someone else should he held responsible, get in touch with specialist solicitors for a free initial consultation about making a blood clot compensation claim.  Call now on 0800 234 6438; or you can complete the online contact form and request a call back to discuss DVT compensation.

Can I claim for a pulmonary embolism?

Pulmonary embolisms are blood clots that travel to an artery in the lung. They effectively block the blood circulation to the lung causing breathing difficulties. Parts of the lung can also die through lack of oxygen. The reality is, where a pulmonary embolism is left untreated, the prognosis is poor and there’s also a high risk it can prove fatal.

Depending on the size of the clot, it can be treated; but in the worse cases, a pulmonary embolism is life-threatening. Unfortunately, the symptoms of pulmonary embolisms don’t always manifest themselves until it is already dangerous. This is partly why healthcare professionals have a duty to take adequate and effective precautions early on to reduce the risk of patients developing any blood clot.

You have the right to start a blood clot claim for your pain and suffering if someone else was to blame, such as an NHS trust, private clinic or care home. For free advice, call 0800 234 6438; or you can complete the online contact form and request a call back.

CASE STUDY

The 48-year-old singer known as Lord Zion Spit suffered a rare blood clot eight days after receiving the AstraZeneca covid vaccine and died after emergency surgery. His partner was awarded £120,000 under the 1979  Vaccine Damage Payment Scheme

SOURCE: BBC

Can I claim for a stroke?

A stroke can be caused by a blood clot that travels to the brain blocking the flow of blood and oxygen. It is a medical emergency. These strokes are known as ‘ischaemic strokes’.  However, many such strokes are avoidable if patients are promptly given the correct diagnosis and treated properly with correct medication, such as anticoagulant medication.

Unfortunately, there are situations where individuals have needlessly suffered the devastation of a stroke because healthcare professionals were medically negligent. In these cases, the injured person suffering a blood clot injury has the right to make a claim. If they’re unable to do it for themselves because they don’t have the mental ability to do, a loved one can take action on their behalf.

My blood clot was caused by medical negligence – what should I do?

If you’ve suffered a blood clot and believe it could have been prevented by the doctors and nurses treating you, then you’ve got every right to seek medical negligence compensation. A blood clot is distressing at best but can be life-threatening and life-limiting. In serious cases it can also have a detrimental effect upon your social and working life, both short term and perhaps permanently.

If, in your case, medical negligence has resulted in a clot, give a trained legal adviser a call on 0800 234 6438 with all the details of your case, particularly of the post-operative medical treatments received. In the majority of cases involving blood clot and DVT negligence, compensation could be available.

Your blood clot injuries solicitor will take on your case on a no win no fee basis.

DID YOU KNOW: By 27 July 2022, 444 reports of major blood clots were made to the MHRA in the UK following the covid-19 vaccination with AstraZeneca.
SOURCE: BBC

What is medical negligence?

Medical negligence – sometimes called ‘clinical negligence’ – is an avoidable mistake or substandard care by a medical professional which directly causes an injury or makes an existing injury or condition worse.

The vast majority of doctors, clinical staff and other health professionals work to an extremely high standard, prioritising their patients’ needs – whatever the challenges. This is the case within the NHS; and also in private practice where more and more people than ever are turning to for their treatment.

However, though most doctors and medical staff are highly trained and provide an excellent level of care, mistakes do happen and risks are missed – and the result can be devastating for the patient.

Evidence of an inadequate risk assessment – or none at all – is a strong indication of substandard care. The fact is, blood clots are a widely-recognised serious health risk for patients and are usually avoidable. Doctors should follow correct procedures, including monitoring patients and checking for blood clots.

This means that if you or a loved one has suffered a blood clot while in hospital or recovering from treatment, it was likely the direct result of medical failings. In such cases, the medical professionals should be held responsible. To demonstrate failings in medical negligence cases, your personal injury solicitor will have to prove on balance that:

  • The doctors or healthcare professionals breached their duty of care;
  • A blood clot developed as a result;
  • The clot caused physical pain and suffering, such as a stroke of DVT

To find out whether you could claim for medical negligence following a blood clot, you can speak to trained legal professions for free legal advice on 0800 234 6438, or submit your details using the claim form on this page.

What compensation could I claim for?

The amount of compensation you receive having suffered from a blood clot-related injury depends on your particular circumstances. Personal injury lawyers look at each case to make sure you receive the full amount of compensation you deserve for your injury. In serious blood clot claims, such as a life-changing stroke, you can expect to recover significant compensation.

In blood clot compensation claims, you are entitled to ‘general’ damages to compensate you for the actual blood clot and your pain and suffering; and ‘special damages’ if you’ve also suffered financial losses, such as further medical expenses if more treatment is needed and other direct expenses.

How much compensation could I receive for my blood clot?

This depends on the type of blood clot, the effect it’s had on you or your loved one and the anticipated recovery time. Your medical negligence team will look at your medical notes and talk you through how and when it developed and how is affecting your life.

They will also need to arrange an expect medical examination to help your claim for compensation. The doctor will then write a report based on the medical assessment; this will be important evidence. However, you don’t need to worry about the cost of this as your solicitor will arrange it for you; and the cost will be covered under your no win no fee agreement.

Once your solicitor has all the information about your claim, they’ll be able to provide an estimate of how much compensation you might expect to receive. In the most serious cases involving permanent brain damage and disability, you can expect compensation to be substantial.

What financial losses can I claim for?

We know that serious blood clot cases, such as strokes, can completely upend the life of the individual, and their family. They may need significant alterations made to their home to enable them to adapt to the long-term impact of their injury – they may need a stair-lift, bath hoists, etc; and may need a new, larger vehicle.

All this costs substantial sums of money. Meanwhile, you may have lost your job and may be unable to undertake your usual work, if at all. Thankfully, a successful claim can include an amount to cover reasonable financial losses that are directly related to your blood clot injury, for example:

  • Loss of past and future earnings
  • Travel expenses for medical and therapy appointments
  • Medical expenses
  • Rehabilitation and alteration costs
  • Care costs

It’s important to keep any receipts, invoices and other paperwork to demonstrate the costs that should be refunded to you. Your solicitor will need these to help you claim compensation for your financial loss. They will also be able to talk you through what you can and can’t claim for, so don’t worry too much so early on in your claim when you’re still recovering physically.

Could I get an interim compensation payment?

In some cases, it is possible to secure interim compensation to help individuals before blood clot compensation claims are finally settled (this can take many months if not years). If you need access to funds early on, for example to fund alterations at home to enable you to return, make sure you talk to your solicitor as soon as possible.

However, bear in mind interim payments can only be made if the other side has admitted liability. If responsibility for your blood clot or stroke is accepted, your solicitor will negotiate an initial compensation payment to help you. This amount will be deducted from the final settlement once its agreed.

Do be sure to talk to your solicitor about any short term financial challenges you are facing because you may have every chance of securing help just when you need it most.

How can I start a medical negligence claim for blood clots?

If you or a loved one has suffered from a stroke or other blood clot complications following a hospital stay or a delayed or missed diagnosis, it’s highly likely you can start a no win no fee blood clot compensation claim.

The most important step is to get in touch with a trained legal adviser for free on 0800 234 6438.

We know that starting a claim can seem daunting – that’s why you’ll never be pressured into going ahead with your case. A specialist medical negligence solicitor will explain your legal position and the no win no fee blood clot compensation claims process for seeking compensation. Alternatively, you can request a call back here via the online contact form.

Who will my claim be made against?

For those who were being treated under the NHS, blood clot compensation claims are made against the relevant NHS Trust. If you were receiving medical treatment privately it’ll be made against the owner of the practice (through their insurer).

If those seeking compensation for blood clot injuries that developed while living in a care setting, their blood clot claims will be against the owner/operator of the home.

However, you don’t need to worry about who you should be suing: once they have full information about what’s happened and under whose care, your solicitor will determine who your claim will be made against. Simply call for specialist legal advice for free on 0800 234 6438 or request a call back here

How long do I have to claim?

In most personal injury claims, individuals have three years from the date of the accident or the date they realised they developed a condition, such as a blood clot, to start their blood clot compensation claims.

If you’re bringing a claim on behalf of a loved one who does not have the mental capacity to bring their own claim, eg because they have been left brain damaged, you are not bound by the three-year time limit. Instead, the three years starts to run from the time your loved one regains their mental capacity (if at all).

However, it’s important to get in touch with a solicitor as soon as possible without too much delay while the circumstances of the blood clot injury are fresh in your mind.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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