Blood Clot or Dvt Compensation Claims

If your life, or the life of a loved one, has been affected by a blood clot injury we can help.

The purpose of this guide is to help anyone who has suffered a blood clot injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming blood clot or dvt compensation:

Introduction

Blood clots can be triggered in a range of circumstances. Quittance's network of solicitors have assisted with medical negligence claims and claims for blood clot injuries caused while travelling on holiday.

One of the most common, and most serious, forms of blood clot injury is Deep Vein Thrombosis, or DVT,

People suffering from DVT can experience uncomfortable symptoms and life-threatening complications if not treated in time.

Whether a person suffers unnecessarily from Deep Vein Thrombosis as a result of medical negligence or under other circumstances, they are entitled to claim for compensation.

Doctor discharging patient

Do I have a blood clot or dvt claim?

As a basic rule, you will be eligible to make a blood clot or dvt claim if your injury occurred:

  • in the last three years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
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Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a blood clot or dvt claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

How much compensation can I claim for blood clot or dvt?

The amount of money you could claim for your blood clot or dvt will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your blood clot or dvt has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a blood clot or dvt? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a blood clot or dvt claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a blood clot or dvt will depend entirely on your specific circumstances.

Your blood clot or dvt compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Blood clot or dvt compensation

Calculating how much compensation you can claim for a blood clot or dvt injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your blood clot or dvt claim could be worth now:

Calculate compensation

How long does a blood clot claim take?

The length of time needed to secure compensation for a blood clot can vary considerably.

A simple liability accepted injury claim could be settled in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your blood clot or dvt claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

The facts on DVT

DVT affects approximately 1 in 1,000 people every year in the UK. Defined as ‘the formation of a blood clot in a deep vein', it usually occurs in the leg or pelvic area.

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 Deep Vein Thrombosis be diagnosed and treated?

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 Deep Vein Thrombosis 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.

No win, no fee, no risk

Under a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a blood clot or dvt claim without the worry of upfront legal fees. If your blood clot or dvt claim is unsuccessful you won't have to pay any money to your solicitor.

Our no win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a blood clot or dvt injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my blood clot or dvt claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my blood clot or dvt claim?

If your blood clot or dvt claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How do personal injury solicitors get paid?

If your blood clot or dvt claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Blood clot or dvt FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a blood clot or dvt claim?

In general, you have a time limit of up to 3 years from the date of the blood clot or dvt to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your blood clot or dvt claim becomes 'statute barred'.

Can I claim for a blood clot or dvt after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim blood clot or dvt compensation.

In reality, there are a number of factors that can affect whether a blood clot or dvt claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert