This guide explains when you can seek compensation for nerve damage after a blood test. We start by showing what makes a medical negligence case eligible and how to prove it with relevant evidence.
Medical professionals and health care assistants owe patients that they treat a duty of care and to fulfil this duty they must meet a certain standard of care; a failure to do so could be the basis of a medical negligence claim if it causes harm. We illustrate this by sharing example scenarios of how nerve damage could result when a patient is providing a blood sample. As well as that we look at what evidence you could use to support your case and how medical negligence compensation is calculated.
Finally, we look at how our solicitors could help you with your medical negligence claim on a No Win No Fee basis. Speak to our advisors today and through a consultation that carries no obligation or fee they can let you know if you have a valid case. If it is discovered that you have grounds to pursue medical negligence compensation, then one of our solicitors could agree to represent you.
Browse Our Guide
- Could I Claim For Nerve Damage After A Blood Test?
- How Do I Prove Medical Negligence?
- How Could A Blood Test Have Caused Me Nerve Damage?
- Estimated Payouts For Nerve Damage After A Blood Test
- No Win No Fee Negligent Blood Test Injury Claims
- Resources On Blood Test Negligence Claims
A blood test has numerous uses, such as being part of the diagnostic process or keeping track of how internal organs are performing. The test is typically undertaken by a nurse, a phlebotomist, or another medical professional.
Pain and after-effects such as bruising and bleeding should be brief, so lasting pain and nerve damage may indicate that an error was made during the procedure.
To claim medical negligence compensation for nerve damage after a blood test, you would have to meet these key qualifying criteria:
- A medical professional owed you a duty of care
- Their care fell below the correct standard, breaching their duty.
- This led to you experiencing avoidable physical and/or mental harm.
Because of time limits set out by The Limitation Act 1980, you have three years to start a medical negligence claim. It may be that the starting point is when the medical malpractice occurs. However, if signs of nerve damage after a blood draw become apparent later, you may have three years from this date of knowledge.
Our advisors can confirm how long you have to take action for a blood test causing nerve damage if you call and share details about your experience.
Your case must be backed up by relevant evidence. Nerve damage might occur after a blood test without the professional involved being at fault, so malpractice needs to be highlighted. Proof of medical negligence and its effects can come in the form of:
- Medical records. This could include patient notes or test results. You can request a copy of your records from your healthcare provider.
- A diary of your symptoms. Keeping a journal of your pain and treatment may highlight the impact of a negligent blood test.
- Witness statements. You do not have to take statements, but if you can collect contact details, a solicitor could call on witnesses to aid your claim.
The Bolam Test. This is arranged for you but is not used in all medical negligence claims. It is where a collection of relevantly trained professionals assess the care you received and determine if the correct standard of care was given.
As part of the service our medical negligence solicitors offer, they will help in the gathering of evidence. To find out if you could work with one of our solicitors call today.
Your experience of suffering nerve damage after a blood test may be similar to these illustrative examples:
- A phlebotomist misses the vein and directly catches the median nerve in the patient’s arm, causing significant nerve damage.
- A nurse applies a tourniquet to reduce blood flow and expose the vein. However, they do it too tightly, damaging the radial nerve. The patient loses function in their hand because of the error.
- While looking for the vein, a doctor moves the needle around inside the arm. They strike the ulnar nerve, leading to the patient experiencing wrist disability.
If you can identify medical negligence, one of our solicitors could help you. And if you aren’t sure if your case qualifies, just call for a free consultation.
If the medical negligence claim for nerve damage after a blood test is successful, compensation will be awarded to reflect the physical and mental impact. This head of a settlement is known as general damages.
Legal professionals will consider the injuries included in the claim and assign a value to them. This calculation may be supported by the Judicial College Guidelines, a document we have used to create the guideline table you can see below.
This table should only be considered a guide because compensation awarded after medical negligence claims varies.
|£96,160 - £130,930
|Cases so serious that the injured person is little better off than if the arm was lost.
|Less Severe Injury
|£19,200 - £39,170
|Despite significant disabilities, the affected person will have or can expect a substantial recovery.
|Total or Effective Loss of One Hand
|£96,160 - £109,650
|A higher award is given if the dominant hand is damaged.
|Serious Hand Injuries
|£29,000 - £61,910
|For example, the hand is reduced to around 50 per cent capacity because of the injury.
|Moderate Hand Injury
|£5,720 - £13,280
|This bracket includes soft tissue injuries. If permanent disability remains despite surgery, the top amount of award will be given.
|Injuries Resulting In Complete Loss Of Function
|£47,620 - £59,860
|Damage removes function in the wrist.
|Less Severe Injuries
|£12,590 - £24,500
|There is still some permanent disability. For example, stiffness and pain might persist.
|£6,080 - £10,350
|Recovery takes longer than 12 months but is complete.
Other Ways You May Be Compensated
Should general damages be awarded, special damages could also feature in a medical negligence payout. This second head of claim compensates for the financial loss you could experience because of negligent blood testing. You may use receipts, bank statements or payslips as proof of:
- A loss of earnings if you are unable to work.
- Treatment fees.
- Prescription charges.
- Necessary travel costs.
Talk to an advisor about your case and see what you could include in your claim. We’re available 24/7 and can answer your questions about blood test negligence.
From reading this guide or speaking to our advisors, you may have discovered you could be eligible to seek compensation for nerve damage after a blood test. Working on the claim with one of our medical negligence solicitors carries the benefits of having someone alongside you with in-depth knowledge.
There is the additional advantage of the solicitor offering No Win No Fee terms via a Conditional Fee Agreement. The arrangement means not paying solicitor fees:
- During the claim.
- In a losing case.
Your solicitor will do everything they can to win the case and, if they do, they will collect a success fee. Rather than asking you to arrange a payment, they will instead capture a small percentage of the compensation awarded to you. The Conditional Fee Agreements Order 2013 means a legal cap is applied to the proportion of a payout that can go to the solicitor.
Our advisors can answer any questions you may have about clinical negligence or how to claim compensation if a blood test has caused nerve damage. Get a free assessment from a member of the team to find out if you are eligible to make a claim. An advisor could connect you to one of our solicitors for further guidance.
There is no obligation to start legal action if you get an evaluation from us, so whatever you need, please:
- Call 0800 652 3087.
- Write to us concerning your claim online.
- Start a live chat conversation in the pop-up tab.
We have many guides related to medical negligence claims. Here are some of them:
- This article explains how to make a claim against the NHS if you have experienced medical negligence.
- A look at wrong dosage claims and how to seek compensation.
- Advice on how to complain about medical negligence and who to talk to.
These external resources can also be handy:
- British Heart Foundation – What happens during a blood test?
- General Medical Council – A framework for doctors’ ethical standards.
- GOV.UK – How to get Statutory Sick Pay if you cannot work.
This guide on claiming for nerve damage after a blood test has concluded. Please call if you have any questions about medical negligence or how to claim compensation.