DVT Claims

Deep Vein Thrombosis (DVT) is a blood clot that occurs in one of the deep veins of the body, most commonly one of the larger veins in the leg. DVTs are more common in sedentary situations and are a risk when a patient is in a hospital setting, particularly after having surgery. There is a duty on those caring for patients in hospital to undertake a risk assessment for blood clots and take preventative measures (such as prescribing blood thinning medication) where necessary.
 

It is vital that a DVT is diagnosed and treated as soon as possible otherwise it can block or restrict blood flow to the arteries in the limb, making amputation necessary. DVT may cause throbbing or cramping pain, swelling and redness and warmth. Part of the clot can also break away potentially resulting in a pulmonary embolism.

A pulmonary embolism (PE) happens when a clot becomes lodged in an artery in the lungs preventing or restricting blood flow. This can result in sudden breathlessness, sharp chest pain and a cough or the coughing up of blood. A PE can lead to stroke. Diagnosis of a DVT is very important to prevent a PE. PEs are, unfortunately, commonly misdiagnosed.

Claims for medical negligence may arise where:

• There is a failure to undertake a proper risk assessment for DVT / PE by doctors or other medical staff
• There is a failure to recognise risk factors for a DVT / PE and prescribe blood thinners or give proper advice about hydration and movement to reduce the risks
• There is a delay in diagnosis of a DVT leading to a PE
• There is a failure to treat a DVT and / or PE

A typical case may involve a GP or A&E doctor failing to identify appropriate warning signs and refer for a 'duplex' or 'Doppler' scan of the veins in the lower leg.

To bring a claim it has to be shown that there was substandard care and that this caused harm.

DVT / PE compensation

Both DVT and PE are potentially fatal and survivors can be left with significant injuries including the loss of a limb or a brain injury. The amount of compensation that can be obtained will depend upon the extent of the injury and the impact. DVT / PE compensation may be used to cover any loss of earnings, treatment and therapy costs, care and specialist equipment along with the costs of new or adapted accommodation if required.

If you or a family member has suffered as a result of failures in the diagnosis or treatment of a DVT / PE, we can support you through the process of bringing a claim for compensation. Where you have lost a loved one, we can also assist in bringing a compensation claim for the dependents of the person who has died. Please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We work with leading experts in various areas including vascular surgeons in order to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a DVP/PE claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

How is the amount of compensation decided?

We will tailor the compensation claimed to meet  your needs. 

The first step is to consider how the deterioration in your medical condition has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon your circumstances, this may include funds for:

• Private care
• Private therapies and medical care
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education and work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

Where someone has died, the compensation primarily relates to compensating the deceased’s dependents for the financial and/or practical support which they would otherwise have received from the deceased.

 

Will it take a long time before my case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  Therefore, they often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

How do I access my medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Can I make a 'no win, no fee' DVT/PE claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)