No Win, No FeeIt’s fair to say that blood clots are fairly common and can often occur without causing problems. However, if a blood clot is not spotted or is misdiagnosed as something else it may be classed as medical negligence. Importantly, any subsequent suffering could allow you to claim compensation. This article on blood clot compensation claims will explain when that might be possible and look at some of the scenarios that might allow you to claim.
If you’d like us to review your chances of being compensated, why not call for a free initial consultation? There’s no obligation to make a claim when you get in touch but a specialist adviser will provide legal advice about what you might want to do next. If your claim is suitable and a medical negligence lawyer from our panel agrees to help, your claim will be managed on a No Win, No Fee basis.
You’ll learn more about blood clot compensation claims throughout the rest of this guide so please continue reading. Alternatively, you can call 0800 652 1345 to discuss your claim with a specialist right away.
What are blood clots and how do they form?
Blood clotting (or coagulation) is a very important process that stops excessive bleeding when a blood vessel is damaged or injured. At the point of injury, blood platelets and proteins from your blood plasma form a clot to stop the bleeding.
In most cases, blood clots dissolve back into the blood once the injury has recovered. However, if the clot does not dissolve properly, it can travel through the blood vessels until a blockage forms which can lead to life-threatening conditions.
Deep Vein Thrombosis (DVT) blood clots
A DVT is caused by blood clots in any of your deep veins, particularly in the muscles of the leg, calf or thigh. There has been lots of media coverage of people contracting a DVT while sitting on a long-haul flight over recent years. They can also occur if you’re laid up in bed for a long time (such as while being treated in a hospital or care home).
If a DVT breaks off and enters the bloodstream, the clot can travel to the blood vessels around the lungs and blocks them. This can lead to a pulmonary embolism which can be life-threatening.
The symptoms of DVT can include:
- Swelling, pain and tenderness in your leg (usually the thigh or calf).
- Warm skin at the site of the blood clot.
- Red skin around the back of the leg (often below the knee).
- A heavy ache in the area affected.
The symptoms of a pulmonary embolism include:
- A sudden or gradual feeling of breathlessness.
- Sudden collapse.
- Chest pain.
Any suspicion of a DVT or pulmonary embolism should be treated as a medical emergency.
Common risk factors associated with problematic blood clots
Once again, blood clots form naturally as part of the body’s defence system. However, some known risk factors that can make blood clots more dangerous include:
- Being obese or overweight.
- If you smoke.
- You’ve suffered from blood clots previously.
- If you’re pregnant, just had a baby or if you’re using contraception.
- You’ve had hospital treatment recently and had to remain in your bed for prolonged periods.
- You’re affected by inflammatory diseases such as Chrons or rheumatoid arthritis.
Can I claim compensation for a blood clot?
Our panel of medical negligence solicitors will only take on blood clot claims if they can see a reasonable chance of success. To verify this before accepting your claim, they’ll look for:
- Medical neglect: This is where your doctor (or another medical professional) provided a level of care that fell below what you might reasonably expect of a competent professional.
- Causation: As a direct result of medical neglect, a blood clot has caused you to suffer unnecessarily.
As such, you wouldn’t be able to claim just because you had a blood clot or deep vein thrombosis. Instead, you’d need to prove that the medical professional’s mistake caused you to become ill or suffer in some way.
To help prove that your treatment was negligent, your solicitor will enlist a 3rd party specialist to see if they’d have treated you any differently.
Can I claim for a blood clot against the NHS?
It’s fair to say that some people have concerns when it comes to suing an NHS hospital. However, all NHS trusts have insurance in place (usually provided by NHS Resolution) to cover them against such claims.
As such, if you’ve suffered because of a blood clot following NHS negligence, you shouldn’t have any qualms about seeking the compensation you deserve. Furthermore, your claim could lead to changes in NHS procedures to help the same mistakes from happening in the future.
Our panel of solicitors can help you to make a blood clot compensation claim against an NHS or private hospital.
Can I claim for Post-Thrombotic Syndrome?
While some blood clots can be treated quickly, ongoing problems can occur in the form of Post-Thrombotic Syndrome (PTS).
PTS can cause long-term or permanent damage to the veins which, in turn, leads to ongoing health problems. PTS can restrict or reduce blood flow to the legs and can lead to:
- Leg cramps and aches.
- Swelling, itching, tingling and pins and needles.
- Hardened skin.
- Varicose veins and venous ulcers.
- Skin discolouration.
- A feeling of leg heaviness.
As well as the physical symptoms caused by PTS, it’s possible that a blood clot compensation claim could cover any form of mental harm. For example, you may be able to claim compensation for loss of confidence, embarrassment, anxiety or depression caused.
Types of negligence you could claim blood clot compensation for
So, as explained earlier, there must have been some form of negligence if you’re to claim for suffering caused by a blood clot. Some examples of when this might be the case include:
- If your previous history of blood clots was not discussed.
- Where there was a delay in diagnosing or treating a deep vein thrombosis.
- If the signs of a pulmonary embolism were not spotted and treated quickly enough.
- If you weren’t given blood-thinning drugs at the earliest possible opportunity.
- Where blood clot drugs were given unnecessarily and resulted in a stroke.
Even if we haven’t detailed the type of negligence that caused you or your loved one to suffer following a blood clot, please contact our specialists for a free review of your claim.
How much compensation do you get for a blood clot?
Medical negligence claims aim to cover any physical, mental or financial suffering you’ve endured. As you can only be awarded compensation for the same incident once, it’s important to consider exactly how you’ve suffered before filing your claim.
Some examples of damages that could be included in a blood clot compensation claim include:
- Physical pain and suffering.
- Anxiety, depression, distress and other psychological injuries linked to your blood clot.
- Loss of income.
- Any negative impact your illness has on your normal activities.
- The cost of a carer to help you cope while you’re recovering.
- Medical expenses.
- Travel costs.
- Any future reduction of earnings.
- Changes to your vehicle or home to help you deal with any ongoing disability linked to your blood clot.
To try and ensure any settlement offered is fair, your solicitor will spend some time discussing the implications of your ill health before the claim is filed.
How will my solicitor know the impact the blood clot has had on me?
We should point out that each blood clot compensation claim is unique. The amount you’ll be awarded if you win your claim will depend largely on the extent of your symptoms and suffering.
As such, as part of your claim, you’ll be examined by an independent medical expert. They’ll investigate your condition by reviewing your medical records and discussing how you were affected by the blood clot. Their report will help your solicitor to decide how much compensation for a blood clot you could be entitled to.
No Win, No Fee blood clot claims
Are you worried about the cost of hiring a solicitor? Do you have concerns about losing money on legal fees if your claim fails? If so, you can relax a little because our panel of medical negligence lawyers offer a No Win, No Fee service for all claims they agree to work on.
The type of No Win, No Fee agreement they use is called a Conditional Fee Agreement (CFA). When funding a blood clot claim with a CFA, you:
- Don’t have to pay for your solicitor’s work in advance.
- Won’t pay any legal fees if you are not compensated.
- Will have a set percentage of any compensation deducted as a success fee to pay for your solicitor’s work if the claim is won.
Your CFA will detail the exact success fee so it will be clear before you agree to work with the solicitor.
Once you’ve signed your agreement, your solicitor’s main goals will be to:
- Arrange for an independent medical assessment.
- Collect any proof needed to support your blood clot claim.
- Contact NHS Resolution or a private healthcare provider’s insurers to file the claim.
- Deal with everything on your behalf so you won’t face any complex legal or medical questions.
- Keep you updated about how your claim is progressing.
- Fight your corner and attempt to secure the maximum level of compensation possible.
To check if you could claim blood clot compensation on a No Win, No Fee basis, please call today.
Blood clot claim time limits
In the UK, most medical negligence claims have a 3-year time limit. Generally, for blood clot claims, that will start from the date that you were made aware of the blood clot.
There are some exceptions to the 3-year rule though. They include:
- You can claim on behalf of a child who’s suffered from a blood clot because their 3-year time limit doesn’t start till their 18th birthday.
- If the claimant doesn’t have the mental capacity to claim for themselves, you can represent them and there is no time limit.
- If a loved one has died following a blood clot, you’ll have 3-years to claim from the date of their death. This is true even if they had started a claim before less than 3-years before they died.
Any compensation you receive will aim to help you deal with the suffering you’ve endured. As such, the sooner you begin the claims process, the sooner you could begin your path to resolution.
Start a blood clot compensation claim today
We’re here to help if you’ve decided to claim compensation following a blood clot. If you call our team on 0800 652 1345 today, a specialist will guide you through the claims process. They’ll also answer any questions about blood clot claims that you might have and assess the merits of your claim for free.
There’s no obligation to start a claim but if you decide to, and your claim is accepted, you’ll be connected with a medical negligence solicitor from our panel. All claims that are taken on will be processed on a No Win, No Fee basis.
If you’d like to talk with us about blood clot compensation claims, please call or connect to our free live chat service.
