Blood Test Negligence – How Much Can I Claim?
By Danielle Jordan. Last Updated 2nd November 2023. In this guide, we explain the steps involved in making blood test negligence compensation claims. Have you suffered an illness or an injury because of a blood test mistake? There are many different errors that can potentially occur during a blood test if you’re unfortunate. While these mistakes are not frequent, the consequences can be very severe.
Serious infections and psychological trauma are among the consequences you may experience if a blood test you have goes wrong. If you have suffered an illness or injuries as a result of negligence during a blood test, then you may be entitled to claim compensation against the responsible party. Within this guide, we’ll explain more about the different types of blood test negligence that can occur and how you could claim for them.
To speak to an advisor about blood test negligence claims, you can contact our team online or on the phone. You can reach our team on 0800 073 8804 for more information. Alternatively, you can contact us online using our contact form or the live chat service. Please read on to find out more about the important things to know when making a claim for blood test negligence.
Select A Section
- How Is A Medical Negligence Claim Calculated?
- Am I Eligible To Claim For Medical Negligence?
- Evidence That Can Support Blood Test Negligence Claims
- How Long Do I Have To Claim For A Blood Test That Has Gone Wrong?
- No Win No Fee Compensation For Blood Test Negligence
- Further Links And Resources
Now that we’ve discussed medical negligence and when you could be eligible to claim for a negligent blood draw, we’ll explore compensation. The first area of compensation that we will discuss is general damages. All successful claimants receive general damages, as this head of claim covers the harm you have suffered and how this harm affects your life. For example, if you suffered nerve damage after a blood test in the UK, this could also cause anxiety or depression.
The Judicial College Guidelines (JCG) can be helpful when legal professionals value this head of your claim. The JCG offers a list of guideline compensation amounts for different forms of harm. In the table below, we have listed some of the figures found in the 16th edition of the JCG.
|Moderately Severe Brain Damage||In this bracket, the injured party has a substantial dependence on others and requires constant professional care.||£219,070 to £282,010|
|Serious Kidney Damage||Cases in this bracket involve serious damage that is permanent in nature or the loss of both kidneys.||£169,400 to £210,400|
|Loss of Bowel Function||The claimant has lost the natural functioning of their bowels and may need a colostomy.||Up to £150,110|
|Loss of Bladder Function||Cases found in this bracket involve claimants that have complete loss of bladder function, including control.||Up to £140,660|
|Severe Arm Injury||Harm suffered in this bracket includes injuries that have fallen short of amputation but are extremely serious, such as a serious brachial plexus injury.||£96,160 to £130,930|
|One Hand - Total or Effective Loss||In this bracket, the claimant's hand is effectively lost. The award considers whether the hand was the dominant one.||£96,160 to £109,650|
|One Hand - Serious||The claimant's hand is reduced to about 50 percent capacity.||£29,000 to £61,910|
|Loss of Wrist Function||In this bracket, the claimant has suffered the complete loss of their wrist function.||£47,620 to £59,860|
|Loss of Spleen||The claimant has lost their spleen, which results in the continuing risk of internal infection and disorders.||£20,800 to £26,290|
Special Damages For Blood Test Negligence Claims
You might also be awarded special damages as part of your medical negligence settlement. Special damages compensate for any financial losses that have arisen due to your negligent blood test gone wrong.
Here are a few examples of the costs you could recover in your medical negligence claim:
- Domestic help, such as costs for a cleaner or childminder.
- Care costs if these are required.
- Your loss of earnings, including time off to recover and lost pension contributions.
- Travel expenses, such as taxi fares to medical appointments.
- The cost of mobility aids, prescriptions, and further medical treatment.
If you would like to claim special damages, you should submit proof of your expenses, such as receipts, bank statements and invoices.
If you would like to discuss what costs you could recover for nerve damage from a blood test, or would like a free valuation of your claim, please contact an advisor from our team.
If you undergo a medical procedure, such as a blood test, you are automatically owed a duty of care by the medical professionals who treat you. To uphold this duty of care, medical professionals, such as doctors, need to uphold the correct standard of care while providing any treatment or medical advice. As part of this, they should prevent causing any avoidable harm.
If you have suffered avoidable harm such as nerve damage after a blood test in the UK due to a medical professional providing substandard care, then you may have valid grounds to claim for medical negligence. A claim may be possible if you were unnecessarily harmed because a medical professional treating you breached the duty of care you were owed.
For more information on your eligibility to claim for medical negligence after a blood test, please read on or contact our advisors for free today.
After a blood test gone wrong, you’ll need to gather evidence that can demonstrate that medical negligence has occurred and you have experienced avoidable harm as a result. You are unlikely to be awarded compensation following a needlestick injury or arm pain after a blood test if you don’t have sufficient evidence to support your claim.
It may be worth collecting the following types of evidence:
- Your medical records can show that you have attended appointments regarding your blood tests
- Obtain the contact details of anyone who may have witnessed your blood test, or your family and friends who have seen the impact that the medical negligence has had on you
- Pictures of your injury, if possible, can be helpful
- Financial evidence that can help you recover any losses incurred, such as a loss of earnings if you took time off work following negligent treatment
If you’ve suffered an injury to your arm after a blood test, one of our expert medical negligence solicitors can help you put together evidence for your claim. Our advisors can chat with you at any time and will let you know more details about hiring our specialist solicitors.
After medical negligence during a test has occurred and you suffered harm, you might be wondering how long you have to claim. If you are claiming for nerve damage after a blood test, then in the UK you typically have:
- Three years from the date of the blood test or;
- Three years from the date of knowledge.
Sometimes, there may be exceptions to the time limit. Minors, for example, have three years from the date of their 18th birthday to bring forward a claim. Alternatively, the time limit is permanently suspended for a patient who lacks the ability to make decisions independently.
A litigation friend may be able to start a claim on behalf of a child or someone lacking in mental capacity. However, they must act fairly and competently during the claims process and must not have any conflicting interests with the claimant.
If you’ve suffered nerve damage after a blood test in the UK or have otherwise been harmed by a blood test gone wrong, our No Win No Fee solicitors may be able to help you with your medical negligence claim. Working with a solicitor can be helpful, as they can help you gather evidence, strengthen your case, and answer any questions you might have throughout the claims process.
Our solicitors work under Conditional Fee Agreements (CFA). These are a kind of No Win No Fee arrangement that means you don’t need to pay any upfront or ongoing fees in order for your solicitor to begin work on your claim. Furthermore, if your claim fails, then you won’t pay a fee for your solicitor’s services.
Should your claim succeed, then your solicitor will take a success fee from your compensation award. This is a small percentage with a legal cap in place.
Our advisors are on hand to help if you have any more questions about claiming for negligence after a test. When you call our team, they can offer a free consultation and may be able to connect you to one of our solicitors. To get started:
If you need any further information, the links below could assist you:
This link takes you to our guide on blood transfusion negligence claims. You will find out everything you need to know about these incidents and how to make a claim for compensation.
This is our guide on clinical and medical negligence. You will find out about the different types of medical negligence claims, as well as how much compensation you may receive.
This link takes you to the NHS page on blood tests. You will find out information on why and how they are done, as well as links to other resources that may assist you.
NHS Medical Negligence – Our updated guide looks at claims for medical negligence in the NHS.
We hope our guide to blood test negligence claims has been helpful. Contact our team online or on the phone using the contact details above if you would like to speak to an advisor about such claims.