Blood Clot & DVT
Negligence Claims

If an injury has set you back, we'll help you move forward

Deep Vein Thrombosis (DVT) and blood clots can be serious medical conditions that may occur after surgery, injury, or as a result of certain medications.

If your life, or the life of a loved one, has been affected by a blood clot injury, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

What to consider when claiming for an embolism, blood clot or DVT

• You can claim if your doctor failed to diagnose or properly treat an embolism or clot.
• If your job involves long periods of immobility, you can claim if your employer failed to manage the risk of blood clots or DVT.
• You can still claim if you have suffered from a blood clot before, or are at a higher risk of developing them.
• You have up to 3 years from when you discovered the cause of your illness to begin your claim.
• The amount of compensation you can claim depends on the severity of your injury and any financial losses or expenses. Use our compensation calculator to find out how much you could receive.
• Your claim can proceed on a no win, no fee basis.

You are not alone

Blood clots can be triggered in a range of circumstances, but one of the most serious, forms of blood clot injury is Deep Vein Thrombosis, or DVT. DVT can lead to uncomfortable symptoms, and even life-threatening complications if not treated in time.

DVT affects 1 person in every 1,000 in the UK every year (nhsinform.scot), and around 3,000 patients are hospitalised with vein thrombosis and embolisms each year (digital.nhs.uk).

We have assisted with medical negligence claims and claims for blood clot injuries caused while travelling on holiday.

For information on blood clot symptoms and treatment, visit: blood clot (nhs.uk).

How much compensation can I claim for a blood clot or DVT?

Your claim for compensation in a blood clot, embolism or deep vein thrombosis will depend on:

• how serious the illness is,
• how much your illness affects your daily life and work performance,
• any direct financial losses or expenses resulting from your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, special damages can cover any care costs and medical procedures you need, such as anticoagulants, X-rays, CT and MRI scans, and surgery.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Am I entitled to make a blood clot or DVT claim?

Yes, you are entitled to make an injury claim for an embolism, blood clot or DVT, if:

• you were injured within the last 3 years, and;
• another party was responsible, and;
• that party owed a duty of care to protect you from foreseeable risks.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to start a blood clot or DVT claim?

An injury claim will usually need to be made within 3 years of the date or your accident or injury.

You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.

For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.

The facts on DVT

Although anyone can be affected by DVT, there are a number of risk factors - such as smoking, surgery or inactivity - which can increase the likelihood of someone developing it.

An increased risk of DVT does not mitigate the duty imposed on medical professionals. A medical practitioner's failure to recognise or treat DVT where higher risk factors are present may still amount to negligence, entitling a patient to compensation.

According to BUPA, the main symptoms of Deep Vein Thrombosis include:

• Swelling in the affected area
• Pain and tenderness
• Warm skin that looks red
• A mild fever

If left untreated, DVT can lead to serious complications. One of the main complications is pulmonary embolism. This occurs when the blood clot breaks off and travels to the lungs. Symptoms include breathlessness, chest pain and collapsing.

Other complications include post-thrombotic syndrome. This occurs when the clot damages the vein valves, causing pain, swelling and ulcers.

How should DVT be diagnosed and treated?

If you suspect that you have a blood clot or DVT, you should seek medical assistance without delay. For information on blood clot symptoms and treatment, visit: DVT (nhs.uk).

By a doctor

One of the key steps in treating DVT, avoiding further complications, is getting a correct diagnosis. A person suffering with the above symptoms should visit their GP as soon as possible. It is then the GP's job to decide on the cause of the symptoms.

If DVT is suspected, the patient should be referred to hospital for a D-dimer test, a Doppler ultrasound test or a Venogram. These can all help detect blood clots in the veins.

If detected, anti-coagulant medication, such as warfarin, may be prescribed to thin the blood and prevent further clotting.

GPs should also be actively involved in assessing a person's risk of developing DVT. A person it at higher risk if they are:

• Overweight
• A smoker
• Flying long haul (over 4 hours)
• Pregnant
• On the contraceptive pill
• Suffering from a condition that makes their blood clot more readily

In these instances, appropriate monitoring and measures should be taken to avoid Deep Vein Thrombosis developing.

Any failure by the GP - whether an inadequate risk assessment, a misdiagnosis or a failure to prescribe correct medication in time - is a legitimate basis for a compensation claim based on negligence.

In a hospital

Hospitals have a duty to prevent patients developing DVT whilst in their care.

Surgery and some medical treatments can increase a person's risk of developing Deep Vein Thrombosis, so adequate checks should be made to reduce this risk where possible. Procedures should also be in place to identify and treat DVT as early as possible if the condition does manifest.

The National Institute for Clinical Excellence (NICE) recommend a comprehensive list of medical checks and preventative actions that should be taken within 24 hours of admission. This includes:

• Carrying out sufficient medical tests
• Regarding surgical patients with trauma as being at increased risk of DVT
• Taking into account other general risk factors e.g. age, weight etc.
• Giving the patient anti-clotting medication before and after surgery
• Ensuring the patient wears compression stockings
• Providing a mechanical pump to be used on the legs after an operation

If a hospital, or its staff, fail to act according in preventing Deep Vein Thrombosis and further complications, they can also be liable for unnecessary personal injury and suffering based on negligence.

How can medical negligence by proven?

In order to win compensation, it must be proved that a doctor, hospital or its medical staff acted negligently.

First it must be shown that the treatment received by the claimant was sub-standard, for example a doctor misdiagnosed swelling in the leg or a hospital did not carry out an adequate risk assessment pre-surgery.

Secondly, it must be proved that the claimant suffered as a direct result of the sub-standard treatment - for example, proving that a pulmonary embolism was the direct result of a delay in diagnosis of DVT.

Blood clot clinical negligence claims

The most common claims for blood clots and DVT are related to clinical negligence. Click the icon below to learn more about the claims process.

Medical negligence Other accidents

Sources

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.