In this guide, we outline when you could be eligible to make a medical negligence claim after a misdiagnosed blood clot. We set out the eligibility criteria that you need to meet to make a claim of this nature, as well as highlighting the time limitations that apply.
Additionally, we define what blood clots are and explain what evidence can support your claim. Our guide also looks into the compensation you could be entitled to receive and how your award will be divided into two kinds.
Misdiagnosed blood clot claims guide
Furthermore, we detail how working with a solicitor in a No Win No Fee agreement can be advantageous to your claim as well as take a look at the way you can expect such arrangements to operate.
If you would like to receive further information about when you could claim for a misdiagnosed blood clot, please continue reading our guide.
Comparatively, you can get in contact with our team to directly discuss your queries. Our advisors can provide a free assessment of your medical compensation claim and offer further guidance.
To reach us directly about how to claim compensation for medical negligence, please get in contact using the following ways:
- Reach us on 0800 652 3087
- Claim online
- Look to our live chat window to begin a discussion with a team member
Select A Section
- Who Could Claim For A Misdiagnosed Blood Clot?
- What Are Blood Clots, DVT And Pulmonary Embolism?
- How To Prove Medical Negligence Claims
- Estimated Payouts For A Misdiagnosed Blood Clot
- Why Choose Medical Negligence Assist For Your Misdiagnosed Blood Clot Claim?
- Find Out More About Misdiagnosis Claims
Who Could Claim For A Misdiagnosed Blood Clot?
Medical professionals are required to provide a level of care that does not fall below the required standard. They owe this duty of care to all patients that they treat.
You must meet the eligibility criteria set out below in order to make a claim:
- A medical professional owed you a duty of care.
- They deviated from the required standards, meaning they breached their duty.
- This breach caused you to suffer harm that is unnecessary and that the right level of care would have avoided.
If there was a breach of duty, but you suffered no injury, you cannot make a medical negligence claim. In some instances, harm is necessary when you’re being treated for a medical condition, and you will not be able to claim on these grounds if this is the case, as this does not constitute medical negligence.
For example, if you have cancer then you may need to undergo radiotherapy in order to be treated for this. This can make you feel weak and ill and can cause soreness and hair loss in the area that’s being treated. However, because this is a necessary step in treating your condition, you’d be unable to claim.
For more information about making a claim after a misdiagnosed blood clot, please continue reading.
Is There A Time Limit To Claim For A Misdiagnosed Blood Clot?
To be eligible to start a claim, you must also adhere to the time limits set out in the Limitation Act 1980.
Generally, you will have three years from the date of the negligence or the date of knowledge to start a claim. The date of knowledge refers to the time you became aware of the negligence that caused you harm.
Certain exceptions can apply to this time limit. To find out more about what these exceptions are and when they could apply, speak with a member of our team today.
What Are Blood Clots, DVT And Pulmonary Embolism?
One of the features of blood is that it coagulates when there is an injury to a blood vessel. Sometimes, these blood clots occur inside the vessel, which can be dangerous and require medical treatment.
Blood clots might be more likely if you have undergone surgery, are pregnant or have just had a baby, or are on certain forms of contraceptive.
Symptoms include swelling, throbbing, cramping, and redness, typically in the leg or arm. This is usually accompanied by sharp chest pains and breathlessness.
Deep vein thrombosis refers specifically to a blood clot in the leg. A pulmonary embolism is a blood clot in the lungs. All blood clots are potentially dangerous as they could break off and travel around the body, entering the lung. This can be life-threatening.
A misdiagnosed blood clot can pose severe risks to your health and well-being. If the harm you suffered as a result of delayed treatment or delayed diagnosis was due to the negligence of a medical professional, you could be eligible to claim.
How To Prove Medical Negligence Claims
Having evidence to support your medical misdiagnosis claim will be useful in establishing the liability of the medical professional responsible for delivering your care. It can also be used to show the extent to which your quality of life was impacted.
Examples of evidence include:
- Hospital reports.
- A report from an independent medical assessment.
- A diary of your symptoms.
- Prescriptions.
- Treatment plans.
The Bolam test may be applicable to your claim and can be advantageous to have as support. This is when other medical professionals are asked to assess and evaluate the standard of care that was delivered. If they come to an agreement that the care you received was below the standards that are expected, this can support your claim.
If you would like guidance on whether you could have a valid claim, speak
Estimated Payouts For Misdiagnosed Blood Clot
You may be wondering, “how much could your medical negligence claim be worth?“. The compensation you may receive will be divided into two heads of claim. In this section, we focus on general damages, which is the head of claim that compensates you for the physical and psychological suffering you have endured as a result of your misdiagnosed blood clot.
When calculating compensation, solicitors may use the compensation brackets contained within the Judicial College Guidelines to help. These figures are in the table below, however, they are not guaranteed representations of what you will receive.
There is no guarantee that you will receive these amounts, and the outcome of your claim will be dictated by your circumstances. The table is for guidance only.
| Harm | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Brain Damage | Very Severe (a) | There is little if any response to the environment that is meaningful. There is an ability to follow basic commands. | £282,010 to £403,990 |
| Moderately Severe (b) | Serious disabilities resulting in dependence on others and a need for professional care. | £219,070 to £282,010 | |
| Moderate (c) (i) | Moderate to severe deficit intellectually. Senses and speech are affected. | £150,110 to £219,070 | |
| Chest | Serious (a) | Total removal of one lung and/or damage to the heart that is serious and accompanied by extended pain and permanent scarring. | £100,670 to £150,110 |
| Lung | Significant (d) | Difficulty breathing and disabling breathlessness. Prognosis is uncertain but the effect on their working life is significant. | £31,310 to £54,830 |
| Slight (f) | Slight breathlessness with a likelihood of permanent recovery within a few years. No effect on working life. | £10,640 to £20,800 |
Could Special Damages Be Awarded In Clinical Negligence Claims?
Special damages are the other type of award you could receive for your claim. The purpose of this head of claim is to reimburse you for the financial losses you have incurred due to your misdiagnosed blood clot.
If you require professional treatment that you have had to pay for or have had to make adjustments to your home because of your injuries, you could be compensated for the monetary costs of such. Invoices and bank statements can act as proof of these expenses.
Additionally, if you have been unable to attend work due to the harm you endured, you could suffer a loss of earnings as a result. Payslips can illustrate this and help to show the losses which you could be compensated for.
For a more accurate assessment of how much your claim could be worth, speak with a member of our team today.
Why Choose Medical Negligence Assist For Your Misdiagnosed Blood Clot Claim?
You may seek the services and expertise of a medical negligence solicitor when you claim. They could use their skills and familiarity with this type of law to assist you with your claim.
They could offer to work on a No Win No Fee basis through a Conditional Fee Agreement. This tends to mean that the outcome of your claim will determine whether or not they receive payment.
If your claim is successful, they will take a success fee. This is a percentage of your compensation.
The amount will usually be agreed upon by you both, and the Conditional Fee Agreements Order 2013 has restrictions in place concerning what they are legally permitted to take. Alternatively, if your claim is not successful, you will typically be under no obligation to pay your solicitor for their services.
Talk To Our Team
To speak with an advisor about the circumstances of your claim, please use the ways listed below:
- Call us on 0800 652 3087
- Contact us
- Use our chat to start a discussion about your claim with a member of our team
Find Out More About Misdiagnosis Claims
Thank you for reading our guide about when you could make a medical negligence claim for a misdiagnosed blood clot. You can find more of our information below:
- Delayed Diagnosis Compensation Claims
- Medical Negligence Compensation Calculator
- Negligent Blood Testing Compensation Claims
External sources:
- Raising And Acting On Concerns About Patient Safety – The General Medical Council
- Stroke – NHS
- The NHS Constitution For England – Government Guidance
Guide by Emily
Edited by Fern