Last updated 29th November 2024. This guide examines the eligibility criteria to start a medical negligence claim for nerve damage after a blood test. You will find information on the medical professional’s duty of care and how breaches of this duty can cause patients to experience avoidable harm.
We have included some hypothetical scenarios detailing how blood test negligence resulting in nerve damage could occur. You will also find information on how compensation is calculated following a successful claim.
Towards the end of this guide, you will find a brief overview of the type of No Win No Fee contract offered by our solicitors and how you can benefit when claiming under these terms.
To ask any questions or to get a free consultation regarding your potential claim’s validity, talk to our advisors today. You can contact the team via:
- Phone on 0800 073 8804
- Complete our “Claim Online” form here.
- Use the live chat button for quick answers to your queries.
Select A Section
- Am I Eligible To Claim For Nerve Damage After A Blood Test?
- How Could A Blood Test Cause Nerve Damage?
- How To Prove A Blood Test Caused You To Suffer Nerve Damage
- How Much Could Your Claim For Nerve Damage After A Blood Test Be Worth?
- Claim On A No Win No Fee Basis For Nerve Damage After A Blood Test
- Further Information On Claiming For Injuries Caused By Negligent Blood Tests
Am I Eligible To Claim For Nerve Damage After A Blood Test?
In order to begin a claim for nerve damage after a blood test, you will need to demonstrate that the medical professional or healthcare assistant who performed the blood test acted negligently. Medical professionals, both private and public, owe patients a duty of care in that they are required to provide them with the correct standard of care. Failures to meet this standard can lead to patients experiencing avoidable harm.
To begin a medical negligence claim following a negligently performed blood test, the following criteria will need to be satisfied:
- The medical professional owed you a duty of care.
- The medical professional breached their duty of care by failing to provide the correct standard.
- Because of this failure, you experienced avoidable harm.
When we refer to “avoidable harm”, we mean harm that would not have occurred had the medical professional provided the correct standard of care.
What Is The Time Limit For Starting A Medical Negligence Claim For Nerve Damage After A Blood Test?
In most cases, you will have 3 years to start your medical negligence claim, as set out in the Limitation Act 1980. This can be counted from the date of the negligent action itself or from the date of knowledge.
In some circumstances, exceptions to the general 3-year limit can apply, and an extension may be granted. To find out more about the limitation period and whether any exceptions are relevant to your particular claim, talk to our advisors. You can reach the team via the contact details given above.
How Could A Blood Test Cause Nerve Damage?
A blood test is where a blood sample is taken and then tested for signs of infection, high blood sugar or cholesterol, as well as screening for certain cancers and genetic conditions. This is usually done by inserting a needle into the arm and taking a small amount of blood using a syringe. A tourniquet may also be used to restrict blood flow and make the vein more pronounced and, thus, easier to access.
Here you will find some examples of how nerve damage after a blood test could occur:
- A tourniquet was left on for too long, causing damage to the nerves in your arm. You were left with significant and permanent pain.
- The nurse inserted the needle too forcefully, causing the needle to go too deep and pierce a nerve. The damaged nerve caused a substantial loss of function in your wrist.
- During a blood draw in a hospital, the wrong-sized needle was used.
How To Prove A Blood Test Caused You To Suffer Nerve Damage
In order to make a claim for nerve damage after a blood test, you will need to collect supporting evidence. This is important for proving that negligence occurred. We listed some possible examples of evidence you could collect here:
- If someone attended your blood test appointment with you, they could provide a witness statement. Take down their contact details so their statement can be taken later in the claims process.
- You can request copies of your medical documents. These can highlight additional treatment for the avoidable harm caused.
- Keep a diary during your treatment, noting what treatment you received, your symptoms, and the effects on you. This can be useful in highlighting your symptoms as well as your mental state during and after treatment.
Whether you suffered nerve damage after a blood test with the NHS or a private healthcare provider, our No Win No Fee medical negligence lawyers can help. Get in touch with our advisors via the details at the top of this guide to be connected.
Will The Bolam Test Be Used When Claiming For Nerve Damage After A Blood Test?
The Bolam Test is where a selected panel of relevantly trained medical experts assess the level of care you received and decide whether or not that care met the correct standard. The Bolam Test isn’t something you will be organising yourself, its usage is decided on a case-by-case basis. Nevertheless, if used, the findings of the Test can be useful evidence for your claim.
In order for your medical negligence claim to be successful, your supporting evidence needs to demonstrate that the level of care you received fell below the correct standard and caused you avoidable harm. While you may be dissatisfied with the care provided, you cannot begin a medical negligence claim if the correct standard was met.
One of our specialist medical negligence solicitors could assist you in the collection of supporting evidence, provided you meet the eligibility criteria. Speak to our advisors today for a no-cost assessment of your circumstances, as well as further guidance on the medical negligence claims process.
How Much Could Your Claim For Nerve Damage After A Blood Test Be Worth?
The compensation awarded following a successful medical negligence claim for nerve damage after a blood test can be comprised of two different heads of claim. The first, called general damages, awards for the physical as well as psychological harm caused.
Solicitors can use your medical documents alongside the guideline award brackets from the Judicial College Guidelines (JCG) publication to assist them in calculating the potential value of the harm caused. You will find a number of these brackets in the table given below.
Compensation Table
Please note that this table has been provide to offer guidance only. We cannot guarantee compensation since medical negligence claims are assessed on their individual facts.
| Body Part Affected | Severity | Guideline Bracket |
|---|---|---|
| Multiple Injuries plus Special Damages | Very Severe | Up to £500,000 or more |
| Arm | Severe Injuries | £117,360 to £159,770 |
| Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | |
| Less Severe Injury | £23,430 to £47,810 | |
| Hand | Total or Effective Loss of One Hand | £117,360 to £133,810 |
| Amputation of Index and Middle and/or Ring Fingers | £75,550 to £110,750 | |
| Elbow | A Severely Disabling Injury | £47,810 to £66,920 |
| Less Severe Injuries | £19,100 to £39,070 | |
| Wrist | Permanent Disability | £29,900 to £47,810 |
| Permanent But Not Severe Disability | £15,370 to £29,900 |
Special Damages
The second of the two heads of claim is called special damages. Any monetary losses stemming from the avoidable harm caused could be reimbursed under special damages. Some possible examples are:
- Lost earnings.
- Transport costs.
- Out-of-pocket medical bills.
- Care or support in the home.
Claiming for financial losses will require supporting evidence. Make sure you keep copies of any documents (payslips, invoices, tickets) as evidence of incurred expenses.
For a more in-depth estimate of what your potential claim could be worth contact our advisors today. You can speak to a member of our team using the contact details given below.
Claim On A No Win No Fee Basis For Nerve Damage After A Blood Test
Talk to one of our advisors today for a zero-cost, no-obligation assessment of your specific circumstances. Once our team decide you have valid grounds to pursue a medical negligence claim they could connect you with one of our specialist medical negligence solicitors. The solicitors could then offer to take up your claim under a No Win No Fee contract called a Conditional Fee Agreement (CFA).
The advantages of making your claim with us under a CFA include:
- No fees upfront for the solicitor to start work on your claim.
- No ongoing fees for that work during the claims process.
- If the claim is unsuccessful, you will not pay a fee for the solicitor’s services.
You will receive a medical negligence compensation payout if your claim is a success. A percentage of your compensation will be taken by the solicitor as their success fee. By law, the maximum percentage that solicitors can take as their success fee is capped. Therefore, most of the awarded compensation is yours to keep.
To ask any questions or to get a free consultation regarding your potential claim’s validity, talk to our advisors today. You can contact the team via:
- Phone on 0800 073 8804
- Complete our Claim Online form here.
- Use the live chat button for quick answers to your queries.
Further Information On Claiming For Injuries Caused By Negligent Blood Tests
See more of our medical negligence claims guides here
- Find out how to claim following a hospital infection.
- Learn more about the eligibility to claim following blood transfusion negligence.
- A negligent blood test could lead to a medical misdiagnosis. Find our misdiagnosis guide here.
External resources you may find helpful
- NHS – guidance on blood transfusion and transplants.
- Claim Statutory Sick Pay – Gov.UK guide
- NHS Constitution For England – Gov.UK Guide
We’d like to thank you for reading our guide on starting a medical negligence claim for nerve damage after a blood test. To find out more you can talk to one of our advisors via the contact details provided above.
