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Each year in the United Kingdom, around 2.5 million units of blood are transfused. This is generally a safe process with minimal side effects. However, when the correct medical standards are not met, causing avoidable harm to a person, blood transfusion negligence claims can be brought. How much blood transfusion compensation you could be awarded will depend on the type and severity of harm you suffered, along with any financial losses. One of the specialist medical negligence solicitors here at Advice could help you seek this compensation on a No Win No Fee basis.
Key Takeaways
- Common reasons for claiming include being given the wrong blood type or infected blood, and the use of unsterile equipment
- Blood transfusion negligence often leads to avoidable infections, sepsis and organ failure
- Medical negligence compensation can include your pain, suffering, and financial losses
- More specifically, you could recover private medical bills, care costs and lost income
- A copy of your medical records, witness statements and official reports can help you to prove a negligent blood transfusion
You may have some apprehension about making a claim, especially if you are unfamiliar with medical negligence law. Our advisors can explain any aspects of the process that you are unsure of and the services that our solicitors could offer to make things easier for you. There is no obligation to work with Advice after enquiring, so feel free to get in touch.
- Call an advisor on 0161 509 2856
- Make an online enquiry
- Use the pop-up window to chat live with an advisor
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Jump To A Section
- What Are Blood Transfusion Negligence Claims?
- Can I Claim Compensation For A Negligent Blood Transfusion?
- Fatal Blood Transfusion Compensation Claims
- How Might A Blood Transfusion Be Done Negligently?
- What Are The Complications Of Blood Transfusion Negligence?
- How Much Negligent Blood Transfusion Compensation Can I Get?
- What Do I Need To Bring A Blood Transfusion Compensation Claim?
- Blood Transfusion Negligence Claims With Advice’s Solicitors
- Learn More
What Are Blood Transfusion Negligence Claims?
Blood transfusion negligence claims are a type of medical negligence claim whereby claimants who were unnecessarily harmed due to substandard treatment can get compensation. In successful cases, the affected person can get compensation for the physical, emotional and financial impact of negligent medical care.
If you have any questions about what a blood transfusion compensation claim entails, please speak with our advisors. They will be happy to answer any questions you may have.
Can I Claim Compensation For A Negligent Blood Transfusion?
You can claim blood transfusion compensation if a medical professional failed to meet the minimum care standard, causing you suffering that could have been avoided. When trying to understand if you are eligible, it may be easier to think of it as split into 3 different criteria:
A Party Had A Legal Responsibility To You
Whenever a medical professional is administering treatment, there is a necessary standard of care that they are legally required to meet. This applies to every area of medicine, including blood transfusions.
Substandard Medical Care Was Given
When claiming, you must establish how exactly the treatment did not meet the minimum requirements of medical care. Examples of negligent treatment include the use of unclean needles and giving you blood that is different to the blood type listed on your medical records.
This Caused You Unnecessary Harm
Due to the negligent blood transfusion, you must have suffered some form of avoidable harm. Some forms of harm are a necessary part of treatment, such as minor pain or discomfort during a blood transfusion. However, issues like infections or sepsis could be avoided when the correct medical procedures have been met.
Can Blood Transfusion Negligence Claims Be Made On Behalf Of A Loved One?
Yes, it is possible to make a claim on behalf of a loved one when they are not capable of doing so themselves. This typically applies when a case involves a mentally incapacitated person or a child, as they cannot make decisions for a claim themselves.
When handling a claim for another person, you will be acting as a litigation friend. This comes with various responsibilities, such as maintaining communication with the solicitor who is working on the blood transfusion claim.
Confirming whether you can seek compensation is as simple as enquiring with our advisory team. They will listen to the details of your experience and confirm whether one of our solicitors could help you to proceed. This is also a great chance to raise any questions you may have about blood transfusion negligence claims.
Fatal Blood Transfusion Compensation Claims
When a person dies due to blood transfusion negligence, their estate is the only party that can make a compensation claim during the first 6 months after their death. This is established by the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA).
If this period passes without the estate making a claim, other relatives may qualify to make a fatal accident claim. Examples of who can claim include children, parents or siblings of the deceased.
After experiencing the death of a loved one, you want straightforward answers that you can trust. Speak to our advisors to get the information you need about blood transfusion negligence claims.
How Might A Blood Transfusion Be Done Negligently?
A blood transfusion may be done negligently when unsanitary equipment has been used, the wrong blood type has been administered or infected blood has been used. See below for more specific examples:
- You are given infected blood during a transfusion, which was not tested beforehand. This causes you to contract HIV, which weakens your immune system.
- Your doctor misreads your medical records and administers the wrong blood type during a blood transfusion. This causes your body to go into shock and urgent care is required to stabilise you
- An unclean needle is used during your blood transfusion, which gives you a bacterial infection. You develop sepsis and, as a result, have to have your arm amputated.
There are various other ways in which a blood transfusion can be done negligently. Our advisors are available 24/7 to discuss your specific experience, so don’t hesitate to get in touch.
What Are The Complications Of Blood Transfusion Negligence?
Complications resulting from blood transfusion negligence include fever, infection, allergic reactions, sepsis and organ failure. If you are given incompatible blood, your body will treat the donor blood cells as a threat. This can trigger the immune system, which is why sepsis could occur.
A patient’s body may go into shock due this reaction. Kidney failure is also a common side effect, as the substance released by the immune system can be extremely harmful. If urgent medical treatment isn’t given in time, death may occur.
If you or a loved one has experienced any of these issues, you may wish to know more about blood transfusion negligence claims. When you feel ready, our advisors are available to listen to the details of your experience and confirm whether you can start legal proceedings.
How Much Negligent Blood Transfusion Compensation Can I Get?
The blood transfusion negligence compensation that you could be entitled to will depend on your unique physical, emotional and financial impact. The first part of the compensation to consider, general damages, will cover the pain and suffering you have experienced. In more serious cases, the effects that the avoidable harm has had on your relationships and ability to perform your usual tasks can also be covered.
When assessing this part of the compensation, legal professionals may use a document called the Judicial College Guidelines (JCG), Here, you can find compensation guideline brackets for various types and severities of harm.
Although we have included some JCG figures in the list below, we must make you aware that these do not offer a guarantee of your compensation total. This is because each blood negligence compensation payout is individually assessed to reflect the experience of the claimant.
You may want to speak with one of our advisors for a more tailored estimate. They offer a free case assessment service to explain what your compensation is likely to cover. This way, you can ensure that the information you receive is relevant to your own case rather than the general information you can find online.
Please note the 1st figure does not come from the JCG.
- Multiple injuries with financial losses (E.G. lost income, professional care costs and private medical bills) could entitle you to £1,000,000+ in compensation
- For very severe brain damage , with issues such as double incontinence and little response to the environment, the suggestive bracket is between £372,570 and £533,720
- In cases of a moderately severe brain injury where there is significant reliance of others and the need for constant professional care, compensation could range between £289,420 and £372,570
- The loss of one arm that has been amputated at the shoulder has a guideline of no less than £181,200
- For amputation of one leg above the knee, compensation may range between £138,490 and £181,610
- The total removal of 1 lung and/or serious damage to the heart with prolonged pain could result in a compensation payout between £133,000 and £198,320
- Damage to lung(s) and chest with some continuing disability could entitle you to between £41,370 and £72,440
- Where there is permanent and serious damage to/loss of both kidney, between £223,800 and £277,980 could be awarded
- If a kidney injury means a significant risk of future urinary tract infections or total loss of natural kidney function, up to £84,530 may be appropriate
- Should there be a loss of one kidney without damage to the other, between £40,650 and £59,290 could be paid in compensation
Can Special Damages Be Awarded In Blood Transfusion Negligence Claims?
Yes, special damages can also be awarded in blood transfusion negligence claims, allowing claimants to recover the financial losses they have suffered. For example, you may have accumulated some of the following costs due to negligent treatment:
- Medical bills for private hospitalisation and prescriptions
- Travel costs incurred when attending medical appointments
- Lost income due to time taken off work after blood transfusion negligence
- Professional care expenses related to daily tasks such as meal preparation and changing clothes
- Costs related to adapting your home to make it liveable with your injuries (for instance, you may have a stairlift installed if you have had your leg amputated)
These costs and more can be recovered as part of your compensation claim, provided that you can prove your losses. Bank statements, payslips and receipts can help you to do this.
To learn more about contaminated blood compensation claims, enquire with our advisors today. Discussing your own unique case is often the best way to get advice that is relevant to your situation.
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What Do I Need To Bring A Blood Transfusion Compensation Claim?
Blood transfusion negligence claims require claimants to give evidence of the avoidable harm they have suffered and how exactly the treatment failed to meet the required standard. You can read this section for more details on the claims process and what you can do to start building a case.
Get Treatment For Blood Transfusion Negligence
Whether you have received contaminated blood, the wrong blood type or another form of transfusion negligence, it is likely that you will need urgent treatment. It is important that you reach a stable condition before thinking about the legal process. Blood transfusion complications can have serious long-term effects on your mental and physical health. You may need to visit urgent care, your GP and/or a psychiatrist.
Accessing medical treatment has the added benefit of creating an official record of your treatment and symptoms. When claiming, you can request a copy of your medical records as a means of proving your case.
Start Collecting Evidence
There are certain actions you can take early on to make these easier for yourself further down the line. If any of your symptoms are visible, you can take pictures. For instance, some people experience a skin rash due to sepsis.
It is also a good idea to speak with people who saw you receive negligent treatment. You can note down their contact information, allowing your solicitor to later contact them for a witness statement.
Report The Negligent Treatment
If you wish, you can report the blood transfusion negligence to the healthcare centre you visited. You can check online or ask at reception for their complaints policy. You can also make reports to various bodies, depending on the nature of the negligent treatment. For instance, if substandard treatment was provided by a doctor, you can report them to the General Medical Council (GMC).
Keep copies of any reports or correspondence you have with official bodies regarding the blood transfusion negligence. This way, you can provide a professional record of your experience and any investigations that have been completed.
Keep Your Own Record Of Events
Noting down your experience can help with your recollection of events and provide the basis of a personal statement for your case. It can be useful to record your:
- Symptoms of pain
- Treatments
- Mobility issues
- Psychological harm
- Impact on relationships
- Daily lifestyle and how it has changed
- Costs related to the harm you have experienced
- Disruption to your sleep
- Time taken off work
Get In Touch With A Law Firm
The simplest way to get information is often to speak directly with an advisor. Our enquiries team can help you by:
- Explaining how the process works
- Confirming whether your treatment would be considered negligent
- Checking whether one of our solicitors could represent you
- Highlighting the benefits of a No Win No Fee contract
- Estimating what aspects of your case will likely impact a compensation payout
Check How Long You Have To Claim
As a general rule, most blood transfusion negligence claims need to be made within 3 years of treatment or the day on which you’d have been expected to know that the treatment you received was negligent. There are various cases where this applies differently.
You can read all about time limits in our dedicated guide. Our advisors are also available to explain any aspects of the process you are unsure of, free of charge!
Blood Transfusion Negligence Claims With Advice’s Solicitors
When choosing a solicitor, it is important that you can trust in your legal representation. Here at Advice, our solicitors genuinely want to give you a better experience of claiming. Keep reading to learn about how they handle blood transfusion negligence claims.
Why Choose Advice To Claim After A Negligent Blood Transfusion?
You should choose to work with Advice because our solicitors have already secured over £100 million in compensation for claimants thus far. They offer their legal support in various ways, which include:
- Confirming how you prove blood transfusion negligence and its effects on you
- Corresponding with other parties on your behalf so all communications are professional
- Making persuasive arguments for the maximum blood transfusion compensation applicable to be paid to you
- Explaining any legal terms or processes that you are unsure of
- Arguing for an interim payment to be paid to you where applicable (some claimants are entitled to a payment before the case has been totally settled)
Can Blood Transfusion Negligence Claims Be Made On A No Win No Fee Basis?
Yes, blood transfusion negligence claims can be made on a No Win No Fee basis. If you are seeking to proceed along these lines, you can sign a Conditional Fee Agreement (CFA). This allows your solicitor to represent you without charging fees for their work:
- Before the blood transfusion claim starts
- As progress is made on your case
- If medical negligence compensation is not given to you
However, should you be compensated, it will be necessary to pay a success fee. This is a percentage of your compensation that is owed to your solicitor. There is a legally enforced cap on this percentage, ensuring that you keep most of the compensation yourself.
Contact Advice To Begin Your Claim
You can contact our advisors at any time to find out whether you qualify for the expert legal services we have described. Your enquiry is welcome even if you aren’t sure about claiming at this stage. Our advisory team will be happy to explain anything about blood transfusion negligence claims that you are unsure of. You are welcome to take your time with your decision, though you could be offered the chance to work with one of our specialist medical negligence solicitors.
- Call an advisor on 0161 509 2856
- Make an online enquiry
- Use the pop-up window to chat live with an advisor
Learn More
Visit some of our other guides on medical negligence claims:
- Find out how to claim for an operation gone wrong
- Read about misdiagnosis claims
- Learn about medication error claims
External resources:
- Read the NHS information on blood transfusion
- Visit the National Institute for Health and Care Excellence (NICE) information on the quality standard for blood transfusion
- Check whether you could receive Statutory Sick Pay (SSP)
Thank you for reading this guide on blood transfusion negligence claims.
