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Blood Test Negligence Claims – How Much Compensation Can I Claim?

blood test negligence

Blood test negligence

By Stephen Hudson. Last Updated 1st April 2022. 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 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 (by reading the blood test incorrectly despite it being clear, for instance) 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. 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.

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A Guide To Claiming Compensation For Blood Test Negligence Claims

In this guide to blood test negligence compensation, 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.

What Types Of Negligence Can Occur During A Blood Test?

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.

Claiming For Unhygienic Needles Used 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:

  • HIV
  • 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). People affected by these conditions could make blood test negligence claims.

Claiming For Mistakes Made During A Blood Test

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 on blood test negligence compensation claims. 

Claiming If There Has Been A Mix-Up Of Blood Samples

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.

Blood Test Diagnosis Mistake Claims

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.

Medical Negligence Claims Due To A Staff Member Making A Mistake

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?

Victims of medical negligence could make blood test negligence compensation claims.

What Can I Claim For When Making A Blood Test Negligence Claim?

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.

Time Limits On Blood Test Negligence Claims

Are there time limits on blood test negligence claims? 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.

Calculating Compensation For Blood Test Negligence

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.

Please do not hesitate to give us a call to find out how much compensation you may get. Contact us today for an accurate blood test negligence compensation calculation. 

No Win No Fee Compensation For Blood Test Negligence

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.

How We Can Help You Take Action For Blood Test Negligence

Discover the different reasons why Legal Expert is the ideal choice for anyone seeking accident lawyers for a blood test negligence compensation 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 about blood test negligence compensation claims? 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.

Start Your Claim Today

We hope our guide to blood test negligence claims and blood test negligence compensation. Are you ready to make a clinical negligence UK claim? If so, you can give us a call at Legal Expert and we can provide advice and potentially other support. 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.

To call us, the number you need is 0800 073 8804. If you would like to contact us online instead, then you can do so using our contact page or by using our 24/7 live chat service.

Further Links And Resources

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.

NHS Medical Negligence – Our updated guide looks at claims for medical negligence in the NHS.

Other Guides

FAQs Blood Test Negligence Compensation 

What is a medical professionals duty of candour? 

In addition to a doctor duty of care, they also have what is called a duty of candour. The duty of candour is a statutory duty that healthcare professionals in the UK must observe. Healthcare professionals must act in a way that is honest and open with their patients. They should be honest if medical care has gone wrong or if negligence has occurred. Healthcare professionals should;

  • Inform patients or an appropriate person acting on behalf of the patient when something has gone wrong. 
  • The doctor or other professional should make sure the patient understands what has gone wrong and how they will be affected by this. 
  • They should offer an apology for this. 
  • The professional should offer either support, a way to address what has gone wrong, or both. 

Could blood test results be wrong or misread?

Medical negligence could potentially involve a doctor or another medical professional misreading or misinterpreting the results of a blood test. Misreading the results of a blood test could mean that the medical care a patient needs is delayed. That could mean that the patient is harmed as a result of this mistake.

Can blood test needles be reused?

It is standard practice for healthcare providers to use a new needle whenever they conduct a blood test or other procedures. If a healthcare professional were to use a previously-used needle on a patient, then that patient could be at risk of catching an infection and the professional could be considered liable for any harm caused.

Would you like to speak to an advisor about blood test negligence claims? You are welcome to contact Legal Expert for help using the contact details in this guide.

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