Blood tests are, for the most part, routine medical tests carried out by the following: phlebotomists, nurses, or even doctors. When you are a patient of a medical professional or receiving treatment through a healthcare provider, you are owed a duty of care. However, if there is a failure to uphold this duty of care, patients could potentially suffer avoidable harm. Our guide examines when you could be eligible to begin a medical negligence claim if you have suffered nerve damage after a blood test.
We will examine the duty of care owed by medical professionals or healthcare institutions such as hospital trusts to their patients in more detail, providing some example scenarios of how failures to uphold this duty can occur and how this can cause nerve damage.
This guide also includes an explanation of how blood test negligence compensation is calculated, as well as the evidence you can collect to support your claim.
The final section includes information on the advantages of pursuing your potential claim with us under the Conditional Fee Agreement (CFA) our solicitors can offer.
Claiming For Nerve Damage After A Blood Test
To find out if you have an eligible medical negligence claim following nerve damage caused by a blood test, call a member of our advisory team today. Through a consultation that carries no charge, you can have your case evaluated.
- Phone 0800 073 8801
- Add your details to the “Online Claim Form” to receive a callback
- Begin a conversation straight away with our advisors using the chat widget below
Browse Our Guide
- What Can You Claim For Nerve Damage After A Blood Test?
- Am I Eligible To Claim For Nerve Damage After A Blood Test
- How Could A Negligent Blood Test Cause Nerve Damage?
- What Evidence Can Help Prove Medical Negligence?
- Claim For Medical Negligence With A No Win No Fee Solicitor
- Further Information On Clinical Negligence Claims
What Can You Claim For Nerve Damage After A Blood Test?
Compensation for nerve damage after a blood test can be comprised of two different heads of claim. These are called general and special damages. General damages award for the pain and suffering caused by the harm done, whereas special damages can be awarded for any associated financial losses.
Those responsible for calculating the potential value of the harm caused by the negligent action can refer to the figures from the Judicial College Guidelines (JCG) in conjunction with your independent medical assessment.
The JCG is a document published by the Judicial College containing the guideline award brackets for various types of harm. We have taken a relevant selection of these brackets for use in the table here.
Compensation Table
Please take note that we have included this table as a guide only.
| Type of harm | Severity | Guideline Bracket Amount | Notes |
|---|---|---|---|
| Other Arm Injuries | Less Severe (c) | £19,200 to £39,170 | Cases where there has been significant disabilities, but the injured person has made a substantial recovery. |
| Elbow Injuries | Severe (a) | £39,170 to £54,830 | Injuries that cause severe disability. |
| Less Severe (b) | £15,650 to £32,010 | Injuries that cause impairment of function but do not cause significant disability or necessitate major surgery. | |
| Wrist Injuries | Permanent Disability (b) | £24,500 to £39,170 | The injured person will have significant and permanent disability in their wrist but will retain some useful movement. |
| Less Severe (c) | £12,590 to £24,500 | Cases involving some permanent disability, such as persisting pain and stiffness. |
Special Damages
As said above, costs you incur from experiencing avoidable could be reimbursed as part of your compensation. We have provided some examples of costs that could be awarded under special damages here:
- Lost income.
- Travel expenses.
- Out-of-pocket medical bills.
- Domestic care.
- Home adaptations.
If you claim special damages, you will need to submit supporting evidence, such as receipts, travel tickets, invoices for care, and payslips. Therefore, make sure you keep any such documents as proof of financial loss.
Our team can talk with you further about how negligence compensation is calculated. Call the number given above today.
Am I Eligible To Claim For Nerve Damage After A Blood Test
The duty of care owed by healthcare institutions, hospital trusts, and medical professionals requires them to provide their patients with care that meets the correct standard. Failures to uphold this duty can result in them suffering avoidable harm. “Avoidable harm” means harm you wouldn’t have suffered if you had been provided care at the correct standard.
You could be eligible to claim medical negligence compensation following nerve damage after a blood test if you can demonstrate the following:
- A medical professional or hospital trust providing you with treatment owed you a duty of care.
- They failed in this duty through the provision of care that did not meet the required standard.
- As a result of this sub-standard treatment, you suffered avoidable harm.
Call our claims team today to have your medical negligence claim evaluated for free. Our team can also offer a zero-cost assessment of your claim for medical negligence. Contact our team today via the details given above.
Time Limits
Typically a limitation period of 3 years applies in medical negligence claims per the Limitation Act 1980. The limitation period is counted either from when the negligence occurred or the date you would have been expected to know medical negligence had occurred. We refer to this as the date of knowledge.
Exceptions to this can apply in certain circumstances. You can talk to a member of our team for more information on the time limit and if any exceptions apply to your potential claim.
How Could A Negligent Blood Test Cause Nerve Damage?
In this section, we examine how nerve damage could occur during a negligent blood test. Blood tests are usually performed by taking a sample of blood from your arm through a syringe. The sample can then be tested for a number of different medical conditions, such as diabetes, cancer, and microbial infections. Medical professionals may use a tourniquet for ease of access to a vein.
Examples of how a duty of care could be breached and cause you to suffer nerve damage after a blood test include:
- A phlebotomist missed the vein piercing the median nerve instead. This causes significant and long-lasting pain in your arm.
- A needle that was too large was used during your hospital appointment. It pierced your vein but also a nerve in your elbow, causing serious pain and leaving you unable to move your arm for a long period.
- The tourniquet was left on too long by your GP. The restricted blood flow caused nerve damage, resulting in a persisting stiffness in your wrist.
This is not an exhaustive list, so to have your case assessed for free today by our advisors, talk to a member of our team for a free assessment of your eligibility to claim.
What Evidence Can Help Prove Medical Negligence?
As with any other claim, you will need to provide evidence that you suffered nerve damage after a blood test due to negligent actions. Evidence is also used to show the extent of the harm caused to your physical and mental well-being.
We have provided this list of evidence:
- If another attended your appointment, they could act as a witness for your claim. Make sure you have their contact information so they can provide a statement at a later date.
- A copy of your medical records, as these will show what treatment was needed to repair the nerve damage.
- Keep a record of your treatment, taking note of the symptoms and any psychological impacts.
Use Of The Bolam Test
In certain cases, the Bolam Test may be used. This is where medical professionals with relevant knowledge are selected to examine whether the care you were provided with met the minimum standard. You don’t need to worry about organising the Bolam Test yourself, and it isn’t used in every case. Nevertheless, the findings from the Test can form part of your body of evidence if it is used.
Our solicitors have considerable experience in handling medical negligence claims and could provide support with collecting evidence for your claim. Contact our team for a free consultation regarding your eligibility to begin a claim. If our advisors decide your potential claim is valid, they could connect you with one of our solicitors, who could then assist you in compiling evidence for your claim.
Claim For Medical Negligence With A No Win No Fee Solicitor
The first step in claiming compensation if you have experienced nerve damage after a blood test is to contact our team of advisors. They can assess the validity of your potential claim free of charge and advise you of the next step. If your claim is valid, our team could put you in touch with one of our solicitors.
As we mentioned above, our solicitors could take your potential claim on a No Win No Fee basis via a Conditional Fee Agreement CFA. With a CFA, you will generally not pay the solicitor upfront to begin working on your case, nor will you be charged for this work as your case progresses. The solicitor will similarly not take any fees for their services if the claim fails.
You will be awarded a compensation settlement if the solicitor wins your claim. They will deduct a percentage amount of this compensation before transferring the rest to you. This percentage amount, referred to as a success fee, is subject to a legally binding cap. So, therefore, you will be keeping the majority of any awarded compensation.
Our friendly and experienced advisors can offer more guidance on any of the information provided in this guide. They can also assess your eligibility to begin a claim free of charge. Contact our team today via any of the details given here:
- Phone 0800 073 8801
- Add your details to the “Online Claim Form” to receive a callback
- Begin a conversation straight away with our advisors using the chat widget below
Further Information On Clinical Negligence Claims
You can find more medical negligence claim guides from our site using these links:
- Learn how delays in treatment can result in avoidable harm and when you could claim compensation for this.
- Find out who could be eligible to claim for GP negligence.
- Read our guide on claiming compensation after negligent blood transfusions here.
You can also look at these external pages for more information:
- You can find out more about blood tests with this guidance from the NHS.
- Read about the work of the Care Quality Commission, England’s independent regulator of health and social care.
- Read about the standards for good medical practice with this resource from the General Medical Council.
We appreciate you taking the time to read this guide on beginning action following nerve damage after a blood test. You can reach our team of advisors using the details given above to discuss the claim process further or to get a no-cost assessment of your eligibility to begin a claim.