Blood Test Negligence Claims – How Much Compensation Can I Claim?
Have you suffered an illness or an injury because of a blood test mistake? There are many different errors that can occur during a blood test. While these mistakes do not happen all of the time, the consequences can be very severe. Perhaps you have contracted a serious infection because the needle used to carry out the blood test was not clean? Maybe you suffered psychological trauma because you were given the incorrect blood test results, leading you to believe you had a condition when you didn’t? Or, perhaps the medical practitioner made a mistake when diagnosing your condition, reading the blood test incorrectly, which meant you did not get the treatment you needed? Irrespective of what applies to you, if you have been injured due to blood test negligence, we can help you to claim compensation.
Here at Legal Expert, we have many years of experience in launching successful blood test negligence claims. You can reach our team on 0800 073 8804 for more information. However, before you give us a call, please make sure you read on to find out everything you need to know about making a claim for blood test negligence.
Select A Section
- A Guide To Claiming Compensation For Blood Test Negligence Claims
- What Types Of Negligence Can Occur During A Blood Test?
- Claiming For Unhygienic Needles Used During A Blood Test
- Claiming For Mistakes Made During A Blood Test
- Claiming If There Has Been A Mix-Up Of Blood Samples
- Blood Test Diagnosis Mistake Claims
- Medical Negligence Claims Due To A Staff Member Making A Mistake
- What Can I Claim For When Making A Blood Test Negligence Claim?
- Time Limits On Blood Test Negligence Claims
- Calculating Compensation For Blood Test Negligence
- No Win No Fee Compensation For Blood Test Negligence
- How We Can Help You Take Action For Blood Test Negligence
- Start Your Claim Today
- Further Links And Resources
In this guide, you will find out everything you need to know about blood test negligence claims. You will find out details about the different types of negligence that can occur, including the factors affecting laboratory test results. We will also help you to understand the different damages you can claim for, as well as how much compensation you may receive. Plus, this merely scratches the surface. From the claim time limits to our No Win, No Fee service, we have left no stone unturned. Nevertheless, if you still have some queries by the time you have finished reading this guide, please do not hesitate to get in touch for more information.
There are a number of different blood test mistakes and common laboratory errors that can occur. All of these situations can be a danger to your health. Some of the most common errors that can lead to blood test negligence claims are as follows:
- Mistakes made by a member of medical staff.
- Mistakes that have been made during the diagnosis of a blood test.
- Errors that involve the mix-up of blood samples.
- Mistakes that have been made during the blood test, for example, no alcohol swab before blood draw.
- Blood test needle reuse/ the use of unhygienic heedless during a blood test.
Do hospitals reuse needles? Well no, they shouldn’t. This is incredibly dangerous. Some infections that used sharps and needles can pass onto other people include:
- Hepatitis C
- Hepatitis B
All three conditions are incredibly serious. HIV presents itself with short, flu-like symptoms for between two and six weeks. After this, the symptoms do appear to go away. However, the damage to your immune system continues.
Hepatitis C is a virus that has an impact on the liver. It can be life threatening, especially if it is not treated quickly. Symptoms include feeling and being sick, abdominal pain, loss of appetite, feeling tired all of the time, and flu-like symptoms.
Hepatitis B is also a liver infection, which is caused by a virus that has spread through body fluids and blood. While most people do not have symptoms and can fight off hepatitis B, it can be very dangerous in children. It often persists for years when a child contracts it, eventually causing severe damage to the liver in a lot of cases.
Despite being rare, there is a small risk of other infections being transmitted as a consequence of contamination in blood, such as Epstein-Barr virus (EBV) and cytomegalovirus (CMV).
There are a number of different mistakes that could happen during a blood test. Not only does this relate to the needle infection symptoms and cases that have been mentioned above, but clinical negligence examples in this regard also include the needle being inserted incorrectly into the arm or the part of the body blood is being drawn from. If this has happened to you, and you have been injured as a consequence, you will be able to make a claim for compensation. You can call the experienced and friendly team here at Legal Expert for more information.
Can blood labs make mistakes? The simple answer to this question is yes. Although there are stringent measures in place and all employees have the required training, mistakes do happen. Even regulated and inspected labs can make medical laboratory errors involving:
- A lack of quality control regarding the accuracy of tests for genetic defects, herpes, and blood sugar
- Switched patient samples
- Samples that have not been labelled correctly
- Donations or blood samples that have not been kept refrigerated
- Expired products used to screen for cancer
This gives you an insight into the causes of laboratory error. There are a number of different cases that have been publicised regarding lab mistakes. Back in 2016, 250 patients at Derriford Hospital received the wrong blood test results. This led to one woman believing she had cancer for 11 months when she didn’t. The psychological impact of this can be monumental, which is why it is vital to understand that you can claim for psychological damages as well as physical damages when you are making clinical negligence claims against NHS and private hospitals.
How reliable are blood tests? Blood tests are reliable, but they do need to be read correctly. If test results are misread, it can result in the patient having the incorrect treatment or delayed treatment. This could make their condition a lot worse than it would have been if the medical professional diagnosed the situation properly. In the most severe scenarios, test results that are not read properly can cause fatal consequences.
In order for your claim to be successful when it comes to securing diagnostic mistake compensation, you need to show the following:
- The responsible medical practitioner, be it a dentist, clinician, doctor, or other health professional, interpreted the test results incorrectly and by doing this demonstrated negligence.
- Their negligence resulted in harm to you.
Of course, it is worth pointing out that you will be able to claim on the behalf of a loved one if he or she has died due to blood test diagnosis errors.
Furthermore, there is no denying that errors do happen. Where you are able to claim is if the doctor has overlooked something that they would have been expected to notice or if they have not taken all of the required steps to make a correct diagnosis.
What is clinical negligence? This occurs when the action or lack of action of a medical professional has resulted in you suffering an injury or an illness. How do medical negligence claims work? They involve showcasing that the medical professional’s actions (or lack of them) resulted in your harm. For example, you may make a claim because of the professional’s failure to read the blood test results properly, meaning you were diagnosed with the incorrect illness. Or, maybe the medical professional failed to even carry out a blood test when the should of?
A lot of people do not realise that compensation is actually split into two parts. You have general damages and special damages. The former relates to the compensation you receive for your suffering. It will be calculated based on your injuries and how severe they are.
However, the part of compensation some people do not know about is special damages. This is designed to compensate you for any money you have spent because of the injuries you have suffered. Let’s take a look at some of the most popular examples…
- Medical expenses– If you have had to pay for any prescriptions or treatment then you will be able to claim for these as special damages.
- Counselling costs– Unfortunately accidents can often have a physiological impact. If you find that you need counselling to help you get through this, you will be able to claim for the cost.
- Loss of income– Sadly a lot of people are left unable to work whilst they recover from the injuries. If you are self-employed or not covered by sick pay, you will not be able to make any money during this period, which is why you can claim for income loss.
- Childcare costs– If you have had to pay for the services of a child-minder whilst you recover from your injuries you will be able to claim for this.
- Travel expenses– You may find that you need to use an alternate method of transport to get about whilst you recover, or maybe you have had to pay for hospital parking expenses.
Unfortunately, a lot of people miss out on the compensation they would have been entitled too because they waited too long to make a claim. There is, in fact, a three-year time limit on all personal injury cases, including clinical negligence cases. This starts from the date of the accident and court proceedings must be issued within this time frame. If your injury has occurred over time, and thus pinpointing an incident date is impossible, you will have three years from the date of diagnosis instead.
So, how much money can you receive if you have been the victim of blood test mistakes? This depends on the situation surrounding your case. How severe was the injury you sustained? Has it caused you to miss work? Will you suffer lifelong consequences? These are all factors that will be taken into account. However, to get an understanding regarding the sort of payment you could be looking at, please refer to the table below. You will see the typical payout for some of the most common injuries sustained in blood test negligence claims.
|The type of injury sustained:||Extra notes||The typical payout for this sort of claim|
|Death||Claim amount for mental anguish. This is when the person feared the impending death.||£4,100|
|Death||Immediate Unconsciousness/Death within One Week||£1,200 to £2,450|
|Death||Immediate Unconsciousness/Death after Six Weeks||£3,300 to £3,850|
|Death||Followed by Unconsciousness||£9,210 to £9,350|
|Death||Full Awareness||£11,000 to £20,880|
|Less severe psychological damage||How sleep has been impacted and the length of the period of disability will make a difference.||£1,350 to £5,130|
|Moderate psychological damage||The prognosis will be good. Marked improvement by trial.||£5,130 to £16,720|
|Moderately severe psychological damage||Problems with regards to future vulnerability, the extent to which treatment would work, and the person’s ability to cope with life. Falls short of the most severe category.||£16,720 to £48,080|
|Severe psychological damage||The prognosis will be very poor||£48,080 to £101,470|
|Minor injuries||A full recovery within three months.||£1,200 to £2,150|
|Minor injuries||A full recovery within 28 days||£600 to £1,200|
|Minor injuries||A full recovery within seven days.||A few hundred pounds to £600|
If you cannot find the injury or illness you have sustained in the table above, you can still make a claim, so please do not worry. Also, please do not hesitate to give us a call to find out how much compensation you may get.
Here at Legal Expert, all of our blood test negligence claims are 100 per cent No Win, No Fee. When you use the services of a No Win, No Fee solicitor, you will only pay legal fees if your case is successful. This leads to many knock-on benefits.
The first is that financial risk is reduced. When using the services of a lawyer that does not offer No Win, No Fee, there is always the risk that you are going to spend massive sums of money only for your case to be unsuccessful, which would in turn essentially mean that you have spent a considerable amount of cash to get nothing in return. This risk is too great for a lot of people, but luckily you don’t have to worry about it by opting for No Win, No Fee.
This also ensures that you benefit from a much better service and that the lawyer in question will not waste your time. If they do not believe your case is strong enough, then they will tell you. This ensures you don’t fall victim to clinical negligence solicitors that are simply interested in taking your money, irrespective of the strength of your case. You will also benefit from better quality, as you can be sure your claim will receive the level of attention it deserves.
Last but not least, no huge upfront payment is required in order to start the claim process. This is another highly advantageous monetary benefit. Here at Legal Expert, all of our solicitors work on a No Win, No Fee basis.
Discover the different reasons why Legal Expert is the ideal choice for anyone seeking accident lawyers for a blood test negligence claim:
- No Win, No Fee– There is only one place to begin, and this is with the fact that all of our solicitors work on a No Win, No Fee basis. This presents you with many benefits. Firstly, you won’t have the hurdle of needing to pay a huge sum in order to start the claim process. Aside from this, you will only pay legal fees if your claim is not a success, meaning that monetary risk is diminished significantly. This guarantees that we won’t waste your time and you’ll benefit from a first rate service.
- Experience– We have an exceptional amount of experience in the industry. We have helped thousands of personal injury victims to secure the compensation they deserve. You can be confident that we will have handled cases similar to yours many times before. Plus, we will always provide you with a solicitor that has up to 30 years of specialist experience in the industry.
- We care– We appreciate that you will be going through a difficult time at the moment. Any unexpected injury can be difficult to cope with, no matter the circumstances. We aim to take the stress off your shoulders by providing a fast service. In fact, most cases are handled over the phone.
- Reputation– Last but not least, we have an exceptional reputation in the industry. All you need to do is take a look at the reviews we have received from past clients to see that this is the case.
We are one of the leading firms in the UK and have an impeccable reputation in the industry. Why not give us a call today? You will speak to one of our friendly advisers who will answer all of your questions and match you to the best solicitor from our panel.
Are you ready to make a clinical negligence UK claim? If so, all you need to do is give us a call at Legal Expert and we can get the ball rolling. All of the legal advice that we provide is free of charge and there is no obligation to continue with our service. Plus, you can be sure that all conversations will be handled with complete confidentiality. The number you need is 0800 073 8804. This line is open from 9.00 a.m. until 9.00 p.m. seven days per week. You can find the rest of our contact details via our contact page. Please note that we also have a live chat feature on our website too.
Hopefully, you have found this guide helpful while looking for more information on medical negligence relating to blood tests. If you need any further information, the links below should assist you.
Transfusion Negligence – 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.
Negligence in a medical setting– 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.
Blood Tests – NHS– 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.