By Danielle Jordan. Last Updated 5th March 2024. This is our updated guide to blood transfusion compensation claims. In this guide, you can learn more about when and how to make blood transfusion claims.
A blood transfusion is a procedure that involves one person (a donor) giving blood to someone else. A transfusion may be required if someone experiences significant blood loss following an accident, childbirth or surgery. Blood transfusions may also be given to treat certain conditions such as sickle cell disease, haemophilia or certain types of cancer.
We often think of blood transfusions as life-saving procedures that occurs only to the most poorly patients in the worst circumstances. And whilst they undoubtedly do save lives they are not without dangers of their own.
Select A Section
- Incompatible Blood Transfusion
- Contaminated Blood Compensation
- What is the Contaminated Blood scandal?
- What kind of blood transfusion compensation claims can be lodged?
- How Much Could Blood Transfusion Claims Be Worth?
- Why does compensation for blood transfusion vary?
- Claiming against the NHS or Private Hospital for blood transfusion compensation – What you need to know
- No Win No Fee compensation for Blood transfusion
- Call Legal Expert for Free Advice on compensation for blood transfusion
- Helpful Links
Incompatible Blood Transfusion
Thankfully wrong blood transfusion cases are rare but have you ever considered what would happen if someone received the wrong Rh factor? Or if a patient has type B blood, if they received a transfusion of type AB blood what would happen?
Blood transfusion
The answer is you would undergo an abo incompatibility reaction or hemolytic transfusion caused by your blood attacking the incompatible blood. Blood is sorted into four types – A, B, AB and O and can also be classified as Rh Positive or Rh Negative. Blood that does not match your blood type will be rejected by your body.
So it is important to know if you have type A blood which types of blood can you safely be transfused with.
Have you been harmed by an incompatible blood transfusion? If so, contact us about making a blood transfusion compensation claim today.
Contaminated Blood Compensation
We also expect that a blood transfusion will provide us with clean blood. But by reading about contaminated blood news we learn that sometimes people are unwittingly given blood diseases by blood transfusion. Naturally, there is compensation for a blood transfusion that results in conditions caused by contamination. There is an infected blood payment scheme administered by the Government if you received a transfusion before September 1991. This is not only a Hep C compensation fund – it covers those affected by HIV as well. It is mainly intended to provide victims of the tainted blood scandal compensation who received blood products in the 1970s and 1980s.
What is the Contaminated Blood scandal?
In the 1970s the NHS imported quantities of blood products known as Factor VIII and Factor IX. The contaminated blood news reports indicate that it was caused by unsafe manufacturing practices, meaning that one infected individual could infect as many as 60,000 other donations in the same batch. No individual organisation admitted responsibility and the UK Government created a fund to help with the living costs of those affected. The Contaminated Blood Compensation latest news is that this fund was overhauled in 2016 following widespread calls for reform.
Compensation for contaminated blood victims also includes those affected with other blood borne diseases such as vCJD. This contaminated blood latest scandal affects only a small handful of people and procedures are in place to prevent further infections. You can contact us about contaminated blood transfusion compensation clams.
What kind of blood transfusion compensation claims can be lodged?
Compensation for Blood Transfusion is a difficult issue. Patients who are receiving blood transfusions are often seriously ill so it is necessary to be sure that the blood transfusion is to blame.
Wrong blood transfusion cases and compensation for contaminated blood victims are the most common types of claims. You can contact us to learn more about blood transfusion compensation claims.
How Much Could Blood Transfusion Claims Be Worth?
Settlements for successful blood transfusion claims may consist of general and special damages. General damages compensate you for the medical negligence, taking into consideration the pain and suffering you have experienced due to the unnecessary harm you experienced.
To help arrive at a figure for medical negligence claims, legal professionals use the Judicial College Guidelines (JCG) as guidance. This document list guideline compensation brackets for different injuries.
In our table, we’ve included some of the compensation brackets from the 16th edition of the JCG. Please only use the table as guidance.
| Type Of Injury | Information About The Illness | Estimated Compensation |
|---|---|---|
| Brain Injury – Moderately Severe | The award amount is impacted by the claimant’s insight, life expectancy, limitations and behaviour problems. The injured party will be very seriously disabled. | £219,070 to £282,010 |
| Brain Injury – Moderate (iii) | In this bracket, the claimant has problems with their memory and concentrations along with a small epilepsy risk. | £43,060 to £90,720 |
| Kidney Illness / Injury (a) | Serious and permanent kidney damage. This could include the loss of two kidneys. | £169,400 to £210,400 |
| Kidney Illness / Injury (b) | Natural function is lost in one kidney. The other is unaffected. There may be a future risk of a future UTI. | £44,880 |
| Kidney Illness / Injury (c) | Where one kidney is lost but the other is unaffected. | £30,770 to £44,880 |
| Lung Illness / Disease (b) | The lung illness could impare the persons quality of life. They could also suffer severe degrees of pain. | £70,030 to £97,330 |
| Lung Illness / Disease (c) | This causes significant lung function issues. The person could have restricted ability to carry out physical activities and employment. | £54,830 to £70,030 |
| Lung Illness / Disease (d) | The person will have breathing issues. The claimant could have to regularly use an inhaler. | £29,380 – £51,460 |
| Lung Illness / Disease (f) | No impact on working life. Permanent recovery within a couple of years. | £9,990 – £19,510 |
| Lung Illness / Disease (g) | Compensation could be based on the degree of anxiety the person sufferes. | £210,400 |
Special Damages
Additionally, you could be awarded special damages as part of your blood transfusion compensation payout. Special damages compensate you for the financial losses incurred because of the unnecessary harm you experienced. However, you should provide proof of your financial losses, such as wage slips and bank statements.
Examples of losses you might be compensated for under special damages include:
- Care costs if you require a carer to help you at home.
- Travel expenses, such as fares to take a taxi to and from medical appointments.
- Loss of earnings if you required time off work.
- Medical costs, such as therapy or prescriptions.
Our advisors can help you understand what could be included in your infected blood transfusion compensation award. Contact them using the details at the top of the page for free advice.
Why does compensation for blood transfusion vary?
You can claim for contaminated blood compensation, incorrect transfusion (for example if a patient has type b blood, if they received a transfusion of type ab blood what would happen), if they have been given a transfusion without consent or unnecessarily. The effects of each event vary so the level of compensation is calculated according to how badly affect you have been by the action.
Claiming against the NHS or Private Hospital for blood transfusion compensation – What you need to know
If you think you have been affected by a blood transfusion, whether you are looking for tainted blood scandal compensation or believe you didn’t give permission for a transfusion you should take legal advice before proceeding.
Depending on the nature of your claim you may simply need to fill in some forms to be eligible for a payout – for example from a Hep C compensation fund. Negligence claims will need investigating and may well show up a deficiency in the system. In the case of Mr A it was discovered that two other transfusions had occurred where blood of the wrong type had been given. It was also discovered that an automated warning had been over-ridden and nurses had not fully followed procedures that should have ensured his safety.
No Win No Fee compensation for Blood transfusion
Talking to us is completely free. If we think you have a valid claim we will take on your case at no cost to yourself – all the legal fees will be included in the claim meaning you will never be out of pocket.
Call Legal Expert for Free Advice on compensation for blood transfusion
we hope our guide to blood transfusion claims has helped you. So what have you got to lose? Call us now on 0800 073 8804 or use our online chat to speak to a legal expert with over 30 years of experience in compensation claims today. We could have you make a blood transfusion compensation claim.
Helpful Links
The Infected Blood Support Scheme
In this guide, you can learn more about support schemes for people affected by contaminated or infected blood transfusions.
Hemolytic transfusion
Whether you’re seeking compensation for blood transfusion errors, or just want to learn more about transfusion, this site should help.
The Infected blood payment scheme details can be found here.
Contaminated blood compensation latest news
If you would like to keep up to date with developments on contaminated blood compensation, read above.
This guide pertaining to medical negligence could help if you are looking for compensation for a blood transfusion error.
Hospital Negligence Compensation Claims
This is our updated guide to claiming compensation for negligence in a hospital.
Medical Negligence Resulting In Death
This is our updated guide to claiming compensation for fatal medical negligence. Victims Could make fatal blood transfusion claims.
How to Prove Medical Negligence in A Compensation Case?
This guide explains in detail what methods you could potentially follow to gather strong evidence when you have grounds to claim for medical negligence.
Fracture Misdiagnosis Compensation Claims
More information on this subject.
Find out if you could be owed compensation by reading this guide of ours.
