A 41 year old woman developed deep vein thrombosis after having her leg unnecessarily immobilised in a cast. She was awarded:
Deep vein thrombosis (DVT) is a serious condition that has potentially life threatening complications if it’s not diagnosed and treated swiftly. Any medical condition is terrifying but for those that have experienced medical negligence it can be even worse.
Those affected by medical negligence and let down by the healthcare system, often feel vulnerable and unsure of where to turn. Fortunately, in the UK, most patients receive an excellent standard of care but there are times when patients don’t receive this, resulting in misdiagnosis. If you’ve experienced misdiagnosed DVT due to mistakes made by those that were responsible for your care, you may be able to make a compensation claim.
We understand that any claim can seem like a daunting prospect, particularly when it’s of a medical nature. But we pride ourselves on supporting those that have been affected by medical negligence and working on their behalf to secure the compensation and answers that they deserve. When you work with Your Legal Friend, you know that your case will be in the hands of professional solicitors that will work tirelessly on your behalf to secure the best possible outcome for your personal case.
We know that compensation can’t reverse what’s already happened but it can help you move forward. If you want to discuss your case and how to take the next steps, we’re here to answer any questions you may have and listen to your case.
All medical compensation claims, including those made for DVT, are subject to a three-year time limit, after this point you cannot make a claim.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
The timeframe for making a medical claim starts from the ‘date of knowledge’ rather than when you first went to your GP or hospital with concerns. The term ‘date of knowledge’ simply refers to when you first became aware that the level of care you received was below standard. For some patients, this can occur a long time after they first attended a medical appointment. In these cases or those were there were multiple misdiagnoses, it can be difficult to pinpoint when your time limit begins.
If you’re unsure how long you have to make a claim, we can help you. We pride ourselves on supporting those affected by medical negligence and can use our skills to help you understand your time limit.
While you have up to three years to act, we recommend that you do so sooner. Not only does it mean that if successful you have the answers and financial compensation sooner but it can support the case building process. We’ll gather a range of evidence to build your claim and in many cases this evidence is easier to obtain closer to the ‘date of knowledge’.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of misdiagnosis cases so we understand just how difficult a decision it can be to bring an DVT case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our medical misdiagnosis team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value DVT cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your deep vein thrombosis claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard DVT claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
If you’ve been affected by medical negligence you may be able to take a claim forward against those responsible for your suffering. In order to be successful you must be able to show that there was an opportunity to achieve an accurate diagnosis and that undue suffering was caused as a result.
Deep vein thrombosis misdiagnosis compensation claims can be supported by many different pieces of evidence, for instance those showing that your GP failed to order the necessary tests to demonstrating that test results were read inaccurately. If you’re unsure if you have a deep vein thrombosis misdiagnosis malpractice case, we can offer you advice. Using our experience of supporting those making medical negligence claims, we’ll listen to your experience and explain if you have a case that could be successful.
Deep vein thrombosis misdiagnosis compensation claims are all unique and this is reflected in the amount of compensation awarded.
Each misdiagnosed deep vein thrombosis lawsuit considers how the patient has been affected in order to place a value on their claim. This includes both special and general damages, from the pain you experienced due to misdiagnosis of deep vein thrombosis to whether you needed to take time off work as a result. For, this reason it’s impossible to say how much you could receive without first talking to you.
However, every year the NHS pays out millions to those affected by medical negligence, including those that were misdiagnosed. If you want to learn how much your deep vein thrombosis misdiagnosis lawsuit could be worth and what the next steps are, Your Legal Friend can help you. We have a team of deep vein thrombosis misdiagnosis lawyers on hand to provide you with the guidance and advice you need to take your misdiagnosis claim forward.
Deep vein thrombosis misdiagnosis cases have up to three years to be brought forward. If you want to take action after experiencing medical negligence you must act within this time period.
While you have up to three years to make deep vein thrombosis misdiagnosis claims we advise our clients to act sooner, as this can help support your case. In order to give you claim a strong foundation, we’ll gather evidence, ranging from medical records to your witness statement. It can often be easier to obtain these the sooner the requests are placed, as well as allowing you to put more detail into your personal statement. Cases of misdiagnosis of deep vein thrombosis will use this evidence to decide the outcome.
The starting point of the timeframe can also be confusing in some circumstances. Rather than starting when you first visited your GP with concerns, it begins from the ‘date of knowledge’ – the data that you realise medical negligence had occurred. If you’re unsure how long you have to claim misdiagnosis of deep vein thrombosis compensation, or have any other questions, the team at Your Legal Friend is here to help.
DVT is a blood clot that forms within a deep vein within the body. Although it can form in any deep vein it’s more common for it to occur in the larger vein that runs through the muscles of the calf and the thigh. DVT is a serious medical condition that requires attention it’s possible for complications to develop. As a result a delayed diagnosis of deep vein thrombosis can have dire consequences. Those that experience medical negligence when suffering with DVT may be able to make a compensation claim to reflect the suffering it has caused.
In many cases DVT develops for no known reasons. However, there are some risk factors that mean a person is more likely to develop DVT, including:
Not all those that have DVT have symptoms. But those that do may experience:
In most cases if you’re experiencing the signs of DVT, you’ll book an appointment with your GP or raise your concerns with the team responsible for your care if you’re in hospital.
When you talk about your symptoms, your doctor should ask about your medical history too. If they believe that DVT could be to blame for your symptoms, further tests will be needed, as it’s often not possible to diagnose on symptoms alone.
A specialised blood test called a D-dimer test works by detecting pieces of a blood clot that have been broken down. While, it can be used to indicate if a blood clot is present, a positive result can be due to other reasons and additional tests will need to be carried out before a diagnosis is made.
An ultrasound scan can be used to detect where blood clots are within veins. If you’re found to have a blood clot, doctors may also conduct a specialised scan, allowing them to see how the clot is affecting your blood flow.
Sometimes the results of a D-dimer test or ultrasound don’t provide conclusive evidence that DVT is present. If this is the case a venogram may be used. It involves injecting dye into a vein that can be detected by x-ray, allowing those responsible for your care to highlight where a blood clot is affecting the flow of blood.
A delay in deep vein thrombosis diagnosis can mean that complications are more likely to arise, as treatment will also be delayed. If you��ve experienced unnecessary suffering due to a delay in DVT diagnosis you may be able to make a failure to diagnose claim.
In most cases, DVT is treated through medication. Anticoagulant medicines work by preventing the blood clot from growing any larger and can help to stop part of the blood clot breaking off and blocking another part of the blood stream. After being given an initial medication, you may be given further treatments to take to prevent more blood clots forming if you’re at a high risk.
A late deep vein thrombosis diagnosis can occur for multiple reasons and each case is different. Reasons why an accurate diagnosis was missed could include:
Whether a hospital or GP misdiagnosis deep vein thrombosis occurred, those affected may be able to make a claim for compensation, reflecting the lack of care they received when in need.
DVT has two main complications – pulmonary embolism and post-thrombotic syndrome – both of which can be serious.
Pulmonary embolism can be fatal and requires urgent treatment. Around 10% of those that have undiagnosed deep vein thrombosis, will develop the complication. It occurs when a piece of the blood clot breaks off and blocks a blood vessel within the lungs. Symptoms of pulmonary embolism include breathlessness, chest pain, and sudden collapse. A large clot can cause the lungs to collapse, resulting in heart failure. DVT and pulmonary embolism are sometimes called venous thromboembolism.
Those suffering with DVT are at risk of developing long-term symptoms, such as calf pain, swelling, a rash, or ulcers on the calf. People that have developed DVT in the thigh, are overweight, or have experienced DVT more than once in the same leg are more at risk of developing post-thrombotic syndrome. Those that have a history of DVT are around 20%-40% likely to develop the complication.
The complications of DVT mean that a failure to diagnose deep vein thrombosis can have a serious impact on the prognosis of the patient as well as their quality of life following treatment. Those that have been let down by the team responsible for their care, leading to missed deep vein thrombosis diagnosis may be able to take a compensation case forward.
There aren’t any official figures that show the percentage of deep vein thrombosis misdiagnosis in the UK. However, research indicates that it is a commonly misdiagnosed condition, due to the limited symptoms and the reliance on GPs to notice the small signs and order the necessary tests. There are lots of misdiagnosed deep vein thrombosis cases that show the devastating effect a delay in treatment can have.
Misdiagnosed deep vein thrombosis stories that have made the news include:
These deep vein thrombosis misdiagnosis stories highlight the need for medical professionals to be able to act on the information they have to diagnose DVT quickly. Where a delay in diagnosis of deep vein thrombosis occurs, it can significantly increase the risk of complications occurring, potentially proving fatal.
DVT affects around one person per 1,000 every year and research indicates that over half have identifiable risk factors, indicating that they were more likely to develop the condition. However, there are many undiagnosed cases of DVT due to there often being no symptoms that raise concerns with those affected, as a result, it’s thought that as many as 33,000 people die from the condition every year.