By Lewis Hendrix. Last Updated 27th July 2023. To be eligible to make a blood clot compensation claim, you would need to prove that you suffered harm due to a relevant third party breaching their duty of care.
Within this guide, we will discuss when and how you could suffer a blood clot and when you could be eligible to make a claim for compensation. We will also discuss the duty of care you are owed in various situations. This guide will also explore the different heads of loss you could be awarded for a successful blood clot claim, and how one of our No Win No Fee solicitors could help you with claiming them.
If you have any questions after finishing this guide, or would like to receive free advice for your potential claim, you can contact our advisory team by:
Select A Section
- What Are Blood Clots, DVT And Embolisms?
- Blood Clot Diagnosis, Treatment And Complications
- What To Do If You Think You Have A Blood Clot
- Medical Negligence Compensation For Blood Clots
- Special Damages Which May Be Awarded
- No Win No Fee Claims For Blood Clot Compensation
- Essential Resources
A blood clot is a mass of sticky, gelatinous blood or blood that has reached a semi-solid state. They are usually a normal part of the body’s processes to help prevent blood loss and usually occur on open wounds or lacerations. Sometimes, however, blood clots can build up inside our veins and arteries, causing complications, and in some cases, becoming life-threatening. And this could allow you to file a blood clot claim.
Blood clots more commonly begin in the legs, such as in cases of venous thrombosis or DTV. Still, they can dislodge from where they develop and travel to other parts of the body, such as the lungs, a pulmonary embolism, or the brain, also known as a stroke. They are more common in people over the age of 65, as well as in those who are overweight or obese. The main cause of them is due to being stationary for long periods of time, either through work, while travelling or while bedridden for extended periods after surgery.
Blood clots, DTV and embolisms can become life-threatening when they are not treated quickly or correctly and allowed to persist in the body, either cutting off blood supply to your limbs or travelling to your vital organs such as the lungs, heart, or brain. Medical negligence claims can occur for DVT, embolisms or blood clots if they go undiagnosed if the correct tests and examinations are not carried out. They cause complications, causing the patient to suffer unnecessarily.
A medical professional, through various tests and examination, can diagnose a blood clot. Your doctor will usually ask for a medical history to ascertain if you have any pre-existing conditions that make you more likely to develop a clot. The doctor will then examine you for clots symptoms, such as swelling, pain, redness etc. and may then decide on the next course of action for your situation, such as recommending an ultrasound.
Treating a blood clot can vary depending on its location and how likely it may hurt you. Common treatments include anticoagulant medication and thrombolytic, both of which help to prevent and dissolve blood clots. To remove larger clots, there is a surgical procedure called a thrombectomy that allows doctors to push a catheter through the affected vein or artery and directly apply medication to dissolve the clot or help to remove it entirely.
Short-Term And Long-Term Complications
Short-term complications associated with blood clots can include symptoms like swelling, pain, redness and heat coming from the area. Depending on the location of the clot, you may also experience breathlessness, headaches, pain in your chest or a cough if you develop a pulmonary embolism.
Long-term complications can be caused when a blood clot or thrombosis travels to vital organs in your body or cuts off the blood supply to a part of your body. The possible effects include a stroke, a heart attack, collapsed lungs, or amputation of affected limbs. Another possible long-term complication could be a post-thrombotic syndrome that develops as a result of DVT. According to the NHS, one in three people who have had DVT will develop this condition.
Please note that we make the following instructions as no replacement for any medical advice; this section is not considered medical instructions.
In certain situations, certain symptoms may point to a medical emergency, at which point you may need to seek immediate medical advice. If you feel a sudden shortness of breath, chest pressure, or difficulty breathing, speaking or seeing. It may be best to seek attention from a medical professional who could appropriately diagnose and treat your symptoms as soon as possible.
When Could A Blood Clot Lead To A Claim?
Not every incident of a blood clot would necessarily form the basis of a valid claim. To have grounds to make a claim, you would need to be able to prove that the harm you sustained was a result of a third party breaching the duty of care they owed you.
Some examples of this could be:
A blood clot after a car accident caused by another motorist. If someone drove carelessly and breached their duty of care towards another road user, they could cause an accident. If you suffered a blood clot after a car accident, you could be eligible for compensation.
A blood clot after a fall at work. If your employer breached their duty of care towards you by failing to remove a trip hazard or signpost it, for example, and you suffered a blood clot after a fall as a result, you could seek compensation.
DVT from an injury in a public place. The party in control of a public space has a legal responsibility to those using their premises under the Occupiers’ Liability Act 1957. Should they fail to ensure the state of the premises is safe for people to use, and someone suffers DVT from an injury resulting from this failure, the person who is injured could seek compensation.
Medical negligence relating to a blood clot. If a doctor failed to diagnose and treat a blood clot correctly because the standard of care they delivered did not meet the correct level, the harmed party could bring forward a medical negligence claim.
To find out if you could be eligible to claim compensation, why not call our team?
Are you looking for a blood clot compensation calculator to give you an idea of how much medical negligence compensation you could be due? Instead of a calculator, the below table might provide you with some insight into how much blood clot compensation you could receive.
You could, in some cases, claim damages for the financial impact of your injuries. These are called special damages and are explained in the next section. In this section, we will look at general damages, which are meant to compensate you for the pain, suffering and loss of amenity caused by your injuries.
Every single claim is different, and therefore blood clot compensation could differ widely between claims. Courts and lawyers must assess the severity of the injury and how it has impacted you physically and psychologically, and whether you’ve been able to enjoy your life in the same way as you did before. This can be difficult to put a figure to.
Therefore, the Judicial College Guidelines can be a useful publication for courts and lawyers to use when valuing the general damages portion of claims.
We have created a table below with figures from this publication, and we have used the April 2022 edition’s figures. If, however, you do not see your injury here, or you would like to talk to us about general damages in more detail, please give us a call.
|Removal of one lung, serious heart damage, resulting long term pain, scarring and suffering.
|£100,670 to £150,110
|Severe damage to the heart and lungs, resulting in long term impairment, loss of function and reduced life expectancy.
|£65,740 to £100,670
|Damage to the lungs and heart, that causes continued impairment or disability.
|£31,310 to £54,830
|Amputation of both legs above the knee or of one amputated above the knee and the other below the knee. This bracket can increase where there has been further psychological issues and degenerative issues elsewhere in the hips and spine.
|£240,790 to £282,010
|Amputation of both legs below the knee, this award can also vary depending on associated psychological issues, and evidence of further degenerative issues in the hips and spine.
|£201,490 to £270,100
|Amputation of one leg above the knee, also affected by evidence of further psychological damage and degenerative issues with the hips and spine.
|£104,830 to £137,470
|Amputation of one leg below the knee, also affected by evidence of further psychological damage and degenerative issues with the hips and spine.
|£97,980 to £132,990
|Mental Trauma – Fear of expected loss of life
Claims can be made for different damages incurred as a result of your suffering. So, the damages for a blood clot claim could include:
General damages – for any pain and suffering caused by the blood clot and other complications.
- Medical expenses that you accrued include prescriptions, treatment costs, physiotherapy, costs etc.
- Claiming for care costs is also possible if you needed help to take care of yourself while recovering.
- Loss of earnings could be claimed for.
- You could also claim travel costs accrued while you attended medical and legal appointments relating to your blood clot.
If you meet the eligibility criteria to make a blood clot claim, one of our solicitors may be able to help you with your case on a No Win No Fee basis by offer you a Conditional Fee Agreement. Some of the benefits of making a claim with a No Win No Fee solicitor under this arrangement include:
- Not having to pay any upfront service fees.
- No ongoing service fees to pay.
- Not having to pay your solicitor for their work if your claim fails.
Should your blood clot compensation claim succeed, your solicitor will deduct a legally capped success fee from your settlement.
To discuss your claim today, and to see if you could be eligible to work with one of our solicitors, you can contact our advisors. They are available 24/7 and can be reached via:
Clinical and Medical Negligence Claims Guide – See our online guide to medical negligence claims.
Misdiagnosis Claims Guide – This is our online guide to making misdiagnosis claims.
Medical Negligence Leading To Death – See our complete guide to claims concerning cases of medical negligence that resulted in the loss of a loved one.
Medical Reference Materials relating to a blood clot claim
Embolism – See this NHS article for more information on what an embolism is and what causes it.
Deep Vein Thrombosis – See this NHS page for more information on the symptoms and treatment of DVT.
Blood Clots – Preventing blood clots – an NHS publication.
Thank you for reading our guide on how to claim compensation for a blood clot. We hope that you now feel confident in pursuing a blood clot claim. But please get in touch if you still wonder how to claim compensation for a blood clot.