Deep Vein Thrombosis (DVT) or a pulmonary embolism (PE), can be extremely serious. If not diagnosed in time, they can cause severe complications and even death. If the misdiagnosis of a blood clot / DVT /pulmonary embolism resulted from medical negligence, you may be able to claim compensation.
Reasons to bring a claim for a blood clot, DVT, or pulmonary embolism late/misdiagnosis
We rely on the expertise of our GP and hospital specialists to spots the signs of illness and to take prompt action accordingly. Healthcare professionals owe a duty to their patients, whether in a GP surgery, A&E department or in a specialist hospital department. When it comes to DVT diagnosis, accuracy and speed are critical as delay can lead to long-term health problems or in the most serious cases, death.
You may be able to bring a claim for misdiagnosis of a blood clot if:
- There has been a delayed diagnosis of a blood clot leading to preventable injury / harm.
- You have been provided with the wrong treatment for a blood clot.
- You did not receive appropriate follow-up treatment or referral to a specialist unit following the diagnosis of a blood clot.
At Devonshires Claims, we have over 20 years’ experience in dealing with medical negligence claims. Our team are entirely focused on our clients’ welfare, fighting hard to get an early admission of liability, and obtaining the highest compensation award possible. We understand that you and your family’s life may have been turned upside down by a misdiagnosis of DVT. You can trust that our compassionate, Legal 500 listed solicitors will listen carefully, update you regularly, and always be on your side.
Our experienced medical negligence solicitors offer a ‘No Win No Fee‘ agreement for misdiagnosis claims as well as access to a network of medical experts and specialists barristers. For more information or to request your free no-obligation case evaluation please contact us on 0333 577 9444, email [email protected] or complete our online form.
Read our FAQs
A blood clot occurs when your blood turns from a liquid to a gel-like state. DVT is the formation of a blood clot deep in a vein. A pulmonary embolism (PE) is a clot in the blood vessel which is responsible for carrying blood from your heart to your lungs. Both DVT and PE are considered to be part of the same overall condition referred to as venous thromboembolism (VTE).
Blood clots are common, and most people associate them with too much sitting during a long-haul flight. However, blood clots often result because of inactivity/immobility following surgery. Blood clots can lead to long term pain and complications if late diagnosis occurs and/or the condition is treated incorrectly.
A DVT blood clot becomes life-threatening if the clot or clots detach and travel to the right side of the heart and block the arteries which supply blood to the lungs (pulmonary embolism).
Healthcare workers owe you a duty of care to prevent a blood clot, DVT or a pulmonary embolism developing after surgery. They need to assess your risk and take suitable precautions if required. Other preventative measures include wearing compression socks or stockings 24 hours a day.
Risk factors associated with a blood clot and DVT include:
- Long periods of inactivity
- Damaged blood vessels
- Ongoing ill-health
- A family history of blood clots
- Use of the contraceptive pill
- Use of hormone replacement therapy (HRT)
If you doctor or surgeon failed to accurately assess your risk of developing a blood clot and DVT or misdiagnosed it, you may be able to make a compensation claim.
Often DVT presents no symptoms. However, you should see a doctor if you are experience any of the following:
- Swelling in one or both legs; it can develop in your arms, too. When it happens in the arms, it’s called DVT of the upper extremities (DVT-UE)
- Pain or tenderness in your leg, ankle, foot, or arm. It might feel like a cramp
- Warm skin on your leg
- Red or discolored skin on your leg
- Visible veins that are swollen, red, hard, or tender
Call 999 or go to an emergency room immediately if you notice leg or arm pain or swelling and:
- Sudden coughing, which may bring up blood
- Sharp chest pain or chest tightness
- Pain in your shoulder, arm, back, or jaw
- Rapid breathing or shortness of breath
- Pain when you breathe
- Severe light-headedness
- Fast heartbeat
To successfully claim compensation you must prove:
- healthcare professionals owed you a duty of care,
- the duty of care was breached (the condition not being diagnosed may be a breach of duty), and
- breaching the duty of care caused you to suffer a blood clot (including a DVT) or serious complications as a result of failing to be treated appropriately
Our experienced misdiagnosis solicitors will manage your claim from start to finish, including collating the necessary evidence (such as medical records and correspondence) and will write to the organisation responsible for your care outlining the grounds for your claim. Furthermore, we will aggressively fight to achieve an early admission of liability so we can secure interim funding for rehabilitation as soon as possible.
You must bring a claim for medical negligence within three years from the date of the injury or from the date on which you became aware of the condition or injury. The Court does have the discretion to extend the limitation period but will do so only in exceptional circumstances.
Devonshires Claims can provide a Conditional Fee Agreement, otherwise known as no win, no fee. Your medical negligence Solicitor will inform you of the structure of a no win, no fee agreement, including the payment of any expenses which will be payable regardless of the case outcome.
If your claim is successful, you will pay a maximum of 25% from your damages in Solicitor’s fees.
For more information on our ‘No Win – No Fee’ agreement, please click.
Most medical negligence claims normally take between 24-36 months to complete. The timescale will depend on the individual circumstances of your case and in some instances claims can take much longer. Factors which will affect how long your claim takes may include:
- The seriousness of the injury
- Whether ongoing care is required
- How much rehabilitation is needed
- Whether the defendant NHS Trust or private hospital admit liability (if they do, claims conclude faster).
Compensation claims not only reflect the pain and suffering experienced but also:
- Allow people to obtain justice for the mistreatment they received
- Highlight failings in clinical practice, standards of care, and protocols
- Provide you with answers as to what happened and preclude an apology from the NHS Trust or private hospital
The compensation payment will depend on several factors:
- The extent of your pain and suffering
- The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
- Any financial losses experienced as a result of the injuries – including past loss of earnings, medical expenses, travel expenses, and equipment costs
- Any future financial losses e.g. loss of earnings, loss of promotion prospects, pension
Compensation for injuries following delayed/misdiagnosed DVT fall into two main categories:
- General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
- Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.
Why choose Devonshires Claims?
We understand that money can never make up for the damage a delayed/misdiagnosis of a blood clot – including DVT- can cause. What we can do is ensure you have the money available to get the best treatment possible so as to provide you with the best possible chance of a full recovery and or help in the future.
Making a misdiagnosis of DVT claim can be a daunting process, especially at a time when you need to focus on your health, or that of your loved one. Our medical misdiagnosis claims solicitors will handle the process from start to end on your behalf in a compassionate and caring way, ensuring you receive the compensation you need to cover potential financial losses, pain, and suffering, medical, and any other costs.
Our solicitors are sensitive, compassionate, and will fully support you throughout the claims process. For more information on Devonshires Claims ‘No Win No Fee’ DVT claims service contact us today on 0333 577 9444, email [email protected] or complete our online form.