This guide will explain when you may be eligible to bring forward a medical negligence claim following a misdiagnosed blood clot. The NHS explains that blood clots need to be treated quickly as they can be very serious. Therefore, if your blood clot was misdiagnosed, it could have prevented you from receiving the correct and necessary treatment. This may lead to you suffering from harm, and in some cases, if not treated quickly, blood clots can be life-threatening.
As we move through this guide, we will discuss the eligibility requirements that must be met for you to bring forward a medical negligence claim. Also, we will look at different scenarios that could lead to a doctor misdiagnosing a blood clot.
Then, we will provide an explanation of how medical negligence compensation could be calculated. Finally, we will explore how using a No Win No Fee solicitor could allow you to access the services of a legal professional without paying upfront fees for these.
If, at any time, you would like personalised advice regarding your potential medical negligence claim, you can get in contact with a member of our team. Our advisors are available at all hours of the day, seven days a week, and can provide insight into the eligibility of your potential claim.
To speak to an advisor, you can:
Select A Section
- Could I Make A Medical Negligence Claim If A Doctor Misdiagnosed My Blood Clot?
- Why May A Doctor Misdiagnose A Blood Clot?
- Establishing A Medical Professional Acted Negligently
- What Could I Claim If a Doctor Misdiagnosed My Blood Clot?
- Why Choose Accident Claims UK For A Clinical Negligence Claim?
- Learn More About Clinical Negligence Claims
All medical professionals owe a duty of care to their patients. This means that they must provide you with the correct standard of care. Should they fail to do this and, as a result, misdiagnose your condition, it could cause you to suffer from avoidable harm.
To make a compensation claim for a misdiagnosed blot clot, the following eligibility requirements must be met:
- Firstly, a medical professional owed you a duty of care.
- Secondly, they breached their duty of care.
- Finally, as a result of this breach, you suffered from avoidable harm, such as a worsened prognosis.
This is the definition of medical negligence, for which you could be eligible to seek compensation. Therefore, not all instances of a misdiagnosed blood clot would lead to an eligible compensation claim, as a medical professional must have breached their duty of care, and you must have experienced avoidable harm.
The avoidable harm you could suffer after the misdiagnosis of a blood clot may include psychological damage, physical pain and suffering, and the worsening of your condition. Compensation could be awarded to address the way you have been affected.
It is also important when considering the eligibility of your claim that you understand the time limits that apply to medical negligence claims. Please continue reading to learn more.
Time Limits In Which To Claim For Medical Negligence
The time limits outlined in the Limitation Act 1980 are applicable to medical negligence claims. This states that you have three years to begin your claim from one of the following dates:
- The date that the medical negligence occurred, or
- The date of knowledge. This can be the time in which you became aware that the harm you suffered was connected to medical negligence.
There can be certain exceptions to these time limits. To learn about these exceptions in connection with your claim, please speak to a member of our team. Our advisors will also be able to assess the validity of your claim.
There are various scenarios that could lead to a doctor misdiagnosing a blood clot. We will provide some examples below:
- You clearly explain all of your symptoms of a blood clot to a doctor, however, they fail to listen to you and don’t refer you for further testing, instead, they send you home with the incorrect diagnosis. This could constitute doctor negligence.
- A medical professional fails to correctly perform an ultrasound scan, which would’ve shown your blood clot. This leads to a delay in your diagnosis.
- A medical professional mixes up your blood test results with those of another patient. This means you receive another patient’s diagnosis.
Have you suffered due to medical negligence? Get in touch with a member of our team to learn whether you could have valid grounds to make a claim for a misdiagnosed blot clot.
To make a successful compensation claim for a misdiagnosed blood clot, it is important to establish that medical negligence has occurred. To do this, you could use the following evidence:
- A copy of any scans and test results
- Prescriptions you were given
- A diary of your symptoms and treatment
A legal professional can help you to obtain and compile evidence to support your claim. Speak to a member of our team to learn more about the services that a solicitor can provide.
There are up to two types of damages that you could be eligible to receive for a successful medical negligence claim after a misdiagnosed blood clot: general and special damages.
Firstly, general damages compensates for the pain and suffering caused by the medical negligence. To help value a settlement for this, legal professionals, such as medical negligence solicitors, can use the Judicial College Guidelines (JCG). Therefore, we have also used this document to create the table below containing guideline brackets of compensation.
Guideline Compensation Table
|Type of Injury
|Notes on the Injury
|Brackets of Guideline Compensation
|Very Severe (a)
|The person will need full-time care. They will be doubly incontinent, have little or no language function, and will show little or no evidence that they meaningfully respond to their environment.
|£282,010 to £403,990
|Moderately Severe (b)
|The person will require constant care, be very seriously disabled and will substantially depend on others.
|£219,070 to £282,010
|No prospect of employment, a personality change, a moderate to severe intellectual deficit, and a significant risk of epilepsy.
|£150,110 to £219,070
|Permanent serious damage to or loss of both kidneys.
|£169,400 to £210,400
|Loss of Natural Kidney Function (b)
|There will be a significant risk that the person will suffer the complete loss of natural kidney function.
|Up to £63,980
|Amputation of one leg above the knee.
|£104,830 to £137,470
|Amputation of one leg below the knee.
|£97,980 to £132,990
|Serious Disability (a)
|Serious disability in a young person, where there is a probability that it will worsen and lead to premature death.
|£100,670 to £135,920
Please remember that this table is a guide and does not represent the exact amount you would receive for a successful claim.
What Are Special Damages Awarded For?
A successful claimant could receive special damages to account for the financial losses they suffered due to medical negligence. These losses may include the following:
- Loss of earnings
- Travel costs
- Housing adaptations
- Care costs
It is important to know that you must provide evidence of these losses to support a claim for special damages. This evidence could include travel tickets, receipts, invoices and payslips.
Would you like a personalised estimate of how much compensation you could claim for a medical misdiagnosis? Give one of our advisors a call and discuss your potential medical negligence claim today.
Speak to one of our advisors at Accident Claims UK for a free consultation regarding your potential medical negligence claim. If they find you may have valid grounds to make a medical misdiagnosis claim, they could put you in contact with one of our No Win No Fee solicitors.
A No Win No Fee solicitor could present you with an offer to enter into a Conditional Fee Agreement (CFA). This would mean:
- You do not pay for the services of your solicitor upfront or for the duration of your ongoing claim.
- You generally do not pay for the services provided by your solicitor in the event your claim is unsuccessful.
- Alternatively, if your claim is successful, your No Win No Fee medical negligence solicitor can take a success fee from the compensation. This is a small percentage, which is capped by legislation.
Talk To Our Team
Do not hesitate to get in touch if you would like to make an enquiry about your medical negligence claim for a misdiagnosed blood clot.
Please take a look at more of the medical negligence guides on our website:
- Medical negligence leading to death – How much compensation could I claim?
- Misdiagnosis of cancer compensation claims guide
- How do I make a claim against a hospital?
Also, explore the following external sources:
Thank you for reading this guide to when you could bring forward a medical negligence claim following a misdiagnosed blood clot. If you would like to ask any questions, please speak to a member of our team.
Guide by JO
Edited by MMI