If you have been a victim of blood transfusion negligence, our solicitors can help. Medical negligence claims are stressful, and it can be difficult to know all of the information required to start one – which is where our guide to blood transfusion negligence claims comes in.
Key Takeaways
- Not all blood transfusion errors mean you are entitled to compensation.
- You will need to prove that a medical professional’s duty of care towards you was breached.
- You could suffer serious consequences as a result of receiving contaminated blood or the wrong blood type.
- You can sue both the NHS and private hospitals.
- At Legal Expert, you can claim on a No Win No Fee basis with our solicitors.
If you believe you suffered due to blood transfusion negligence, get in contact using one of the methods below. A member of the advisory team can assess your case and advise on your eligibility to proceed with a compensation claim.
- Call on 0800 073 8804
- Fill in our online claims form.
- Select the WhatsApp chat option.
Frequently Asked Questions
- What Is A Blood Transfusion?
- The Most Common Reasons For Blood Transfusion Negligence Claims
- What Compensation Could I Receive For A Negligent Blood Transfusion?
- Am I Eligible To Make A Claim If I Believe I Was A Victim Of Blood Transfusion Negligence?
- How Long After Experiencing An Incorrect Blood Transfusion Can I Start My Claim?
- No Win No Fee Blood Transfusion Negligence Claims?
- Learn More
What Is A Blood Transfusion?
A blood transfusion is when a donor’s blood is given to you via a tube in the arm. It is a common procedure that is often given to a patient for the below reasons:
- Blood loss due to a wound.
- Anaemia (extremely low iron).
- If you have a disease such as sickle cell anaemia or cancer.
However, anyone experiencing loss of blood may be eligible for a blood transfusion.
The Potential Complications Of Blood Transfusions
While blood transfusions are generally a safe procedure, just like any medical procedure, there is a chance of complications. Being given contaminated blood or the wrong blood type can lead to complications such as:
- Fever.
- Allergic Reactions.
- Acute Immune Hemolytic Reaction – this is when your body rejects and attacks the blood.
- Hepatitis B/C.
- HIV (Human immunodeficiency virus).
- Other bloodborne diseases.
- Kidney and lung problems.
The Most Common Reasons For Blood Transfusion Negligence Claims
Some common reasons patients may pursue a blood transfusion compensation claim are:
- Contaminated blood that is infected with one of the above diseases.
- A patient receiving the wrong blood type.
- A patient being given blood intended for another patient.
- Injury during the procedure.
- A blood transfusion being given to a patient without explicit consent.
Contaminated Blood
A patient receiving a contaminated blood transfusion may develop extremely serious conditions like the ones mentioned above. This can then lead to major health complications that the patient must be treated for and, in serious cases, death. All donor blood is required to be thoroughly tested before being given to a patient to prevent this from happening. If it is not, situations like the above can occur, and a patient (or their estate) can very likely sue.
Wrong Blood Type Given
A patient being given the wrong blood type during a blood transfusion can be severe. This is because their immune system may attack the blood, perceiving it as a threat. This can lead to severe red cell haemolysis, which causes symptoms like fever, fainting, back pain, kidney issues, and, in the most severe cases, death.
Unnecessary Blood Transfusion
The majority of the time, blood transfusions are necessary for the patient receiving them. However, sometimes blood transfusion negligence can occur because of misdiagnosis or misinformation. In this instance, severe side effects could occur. Additionally, being given too much blood when it isn’t needed can lead to an increased risk of blood clots.
Patient Misidentification
To prevent this from happening, it’s crucial that patients are identified correctly and that medical records are up to date. Nevertheless, in some cases, patients are subject to a blood transfusion error because of misidentification.
Not only does this mean the patient given the blood could suffer unwanted side effects ranging from mild to severe, but also that the patient needing the blood does not get the treatment they receive. Both parties may be eligible to sue the hospital in this case.
Injury During Transfusion
The most likely injury to happen while a blood transfusion is taking place is the IV being inserted incorrectly. This can cause a patient to be in pain and could also mean the blood does not enter the patient correctly. Additionally, it may lead to nerve damage.
All patients receiving blood transfusions should be monitored throughout to ensure the procedure goes as it should. A medical professional administering an IV incorrectly without noticing it needs to be altered could be considered to be breaching their duty of care.
Transfusion Given Without Patient Consent
A negligent blood transfusion isn’t always due to injury. If you are given a transfusion without explicitly consenting to the procedure, this is a huge breach of a medical professional’s duty of care. Clear consent is generally required for procedures, including blood transfusions.
However, you may need a blood transfusion while undergoing surgery or in another situation where you cannot give consent. In these cases, the medical professional may act to save your life without breaching their duty of care.
Our advisors are available around the clock to answer your questions about blood transfusion negligence claims.
What Compensation Could I Receive For A Negligent Blood Transfusion?
Compensation is made up of general damages and special damages. General damages are based on the pain and suffering you endured as a result of blood transfusion negligence, both physical and psychological.
Special damages are awarded in addition to general damages and compensate you for the financial losses you may have had. This could be for loss of earnings, counselling, ongoing medical treatment, and more.
The table below contains figures from the Judicial College Guidelines, a document that contains guideline compensation amounts for different types of injuries and harm. All figures should be seen as guidelines only. Please note that the figure in the top row was not taken from this document.
Furthermore, how much compensation you are awarded will depend on the circumstances of your claim. For a more accurate valuation, speak to a member of the team now.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Severe Injuries and Instances of Special Damages | Severe | Up to £500,000+ |
| Kidney Injuries | a) Serious and permanent or loss of both | £206,730 to £256,780 |
| b) Significant | Up to £78,080 | |
| c) loss of one | £37,550 to £54,760 | |
| Lung Disease | a) Serious disability in a young person | £122,850 to £165,860 |
| b) Severe pain and impairment | £85,460 to £118,790 | |
| c) Significant and worsening lung function | £66,890 to £85,460 | |
| Chest Injuries | a) Removal of one lung with serious heart damage | £122,850 to £183,190 |
| b) Traumatic injury | £80,240 to £122,850 | |
| c) Damage with some continuing disability | £38,210 to £66,920 |
Am I Eligible To Make A Claim If I Believe I Was A Victim Of Blood Transfusion Negligence?
To make a claim, the duty of care owed to you by a medical professional must have been breached. In this context, a duty of care is that you receive an expected level of care and are protected from experiencing avoidable harm.
For example, if the medical professional treating you failed to check your blood type and you suffered harm as a result of this, this would be a breached duty of care.
If you cannot prove this or did not suffer ongoing effects even after a negligent blood transfusion, it’s unlikely you can claim.
Therefore, all blood transfusion negligence claims must have evidence that proves:
- The patient was owed a duty of care by a medical professional. This is automatically owed.
- The expected standard of care was not met, constituting a breach of duty.
- The harm suffered was unnecessary and could have been avoided had the correct standard of care been met.
If you have any questions about your eligibility to make a medical negligence claim, please speak to a team member today. As part of the free consultation, they can check your eligibility and if you satisfy the criteria, they can connect you to one of our expert medical negligence solicitors who can help with your claim on a No Win No Fee basis.
Can I Still Sue If My Blood Transfusion Was Done By The NHS
You can sue the NHS if you suffered consequences due to a blood transfusion error. The NHS has a specific body called NHS Resolution. It is designed to deal with claimants suing medical professionals within the NHS.
You can also sue private hospitals. A private medical clinic may also have a specific body to take care of claims. However, you can still bring blood transfusion negligence claims against a medical practice even if this is not the case.
What If I Want To Claim On Behalf Of Someone Else?
If you wish to claim for somebody else, you can become what is referred to as a ‘litigation friend’. A litigation friend manages the claim on behalf of the injured party. They must be approved by the court and can be removed at any time. The appointed person does not replace a solicitor and must communicate effectively with the claimant.
You may also be able to claim if it is on behalf of a deceased person. For the first six months following the death by hospital negligence, only the estate can claim. During this time, the estate can also seek compensation on behalf of the dependants for the effect the death had on them. For example, a civil partner or spouse may have relied on their partner to contribute towards the household bills.
If, however, the estate has not made a claim, then after six months have passed, the dependants can claim compensation for the effects the death had on them.
Some exceptions may apply. Our advisors can give you more information about seeking compensation on behalf of another party.
How Long After Experiencing An Incorrect Blood Transfusion Can I Start My Claim?
Under the Limitation Act 1980, there is a three-year time limit put upon starting medical negligence claims. This three year-limit can start from the date of the incident (when you had the blood transfusion) or from the date of discovery (when you became aware that the transfusion caused avoidable harm).
Exceptions To The Three Year Rule
Sometimes, there are exceptions to this time limit. One common exception is if the injured party is under the age of18. In this instance, they can either wait until they turn 18, in which case they have three years to claim on their own behalf, or be represented by a litigation friend.
Another exception is if the claimant is deemed to lack the mental capacity to claim by themselves. A litigation friend would also be required in this case. As mentioned, a litigation friend can be a friend or family member, but can also be a solicitor.
No Win No Fee Blood Transfusion Negligence Claims?
Speak to a member of the advisory team today. They can provide a free clinical negligence claim assessment. If you meet the criteria to make a medical negligence claim, you could be connected to one of our expert solicitors.
All our solicitors operate on a No Win No Fee basis, by offering a Conditional Fee Agreement, which means you only pay solicitor’s fees if your claim is successful. This means that:
- Your solicitor won’t collect a payment for their work on your medical negligence claim at the start.
- They also won’t collect any fees for the services as it progresses.
- You won’t be asked to pay a solicitor’s fee for completed work on it should it prove unsuccessful.
- However, when a claim is successful, the solicitor will take a small percentage of the compensation that has been awarded as a success fee. The law places a limit on this percentage.
Contact Our Solicitors
Now that you know who can pursue blood transfusion negligence claims, contact our advisors for your next steps.
- Call on 0800 073 8804
- Fill in our online claims form.
- Select the WhatsApp chat option.
Learn More
The following internal and external links offer additional information regarding blood transfusions and medical negligence claims.
- View our research into compensation payouts for medical negligence.
- Read some examples of hospital negligence.
- See how to sue a hospital for negligence.
- RESOLUTION.NHS.UK – Read some advice for claimants against the NHS.
- NHS.UK – See some FAQs about transfusions.
- BLOOD.CO.UK – Read information about who can donate blood and what excludes a person from becoming a donor.
Thank you for reading our guide about blood transfusion negligence claims – if you have any more questions, don’t hesitate to reach out today.
