Pulmonary Embolism, DVT & Blood Clot Negligence Compensation Claims Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE) are serious medical conditions that can result from various risk factors, including negligent medical treatment. In England and Wales, healthcare providers are expected to follow strict standards of care to prevent such conditions, especially in high-risk patients. However, when these standards are not adhered to, patients may be put at unnecessary risk of developing DVT or PE. Clinical Negligence can play a significant role in the onset of these conditions, leading to potentially life-threatening consequences. What is DVT and Pulmonary Embolism? DVT is a condition where a blood clot forms in the deep veins, usually in the legs. While a DVT may not be immediately dangerous, it can lead to severe complications if the clot dislodges and travels to the lungs, resulting in a Pulmonary Embolism (PE). PE can cause life-threatening symptoms, including difficulty breathing, chest pain, and rapid heart rate. Risk Factors for DVT and PE A variety of risk factors can predispose individuals to DVT or PE, and many of these factors can be exacerbated by negligent medical treatment: Prolonged inactivity: If a patient is left immobilised for a prolonged period, such as after surgery or during hospitalisation, they may be at risk of DVT. Negligence may occur if healthcare providers fail to implement preventative measures such as encouraging movement, administering blood-thinning medications, or fitting compression stockings. Obesity: Obesity is a known risk factor for DVT. Failure to properly manage an obese patient’s care or implement necessary preventive treatments, especially during surgery or hospitalisation, may be considered negligent. Damage to blood vessels: Medical procedures, including surgeries and invasive treatments, may sometimes cause damage to blood vessels. If this happens and appropriate care isn’t taken to mitigate the risk of clot formation, negligence may be a contributing factor. Ongoing medical conditions: Patients with chronic conditions such as heart disease, kidney disease, or cancer are at higher risk of developing DVT or PE. Failing to recognise and manage these risk factors can lead to preventable complications. Family history and genetics: Blood clotting disorders can run in families, and a family history of DVT or PE increases the risk. In cases where this genetic predisposition is overlooked, medical professionals may be held accountable for negligence if DVT or PE develops. Pregnancy and Hormonal Factors: Pregnancy and recent use of contraceptive pills or hormone replacement therapy (HRT) are associated with an increased risk of clotting. A failure to account for these factors and implement preventative measures may constitute negligence. Smoking: Smoking is another well-known risk factor for DVT and PE. If a patient is a smoker, extra precautions should be taken during treatment or surgery to prevent clot formation. Use of casts or immobilisation: Patients in plaster casts or those immobilised due to fractures, particularly in the lower limbs, are also at risk. Healthcare providers must assess the individual risk factors and, where appropriate, administer blood thinners or provide other preventive measures. Blood Clot Negligence Healthcare providers are expected to assess patients’ risk for developing DVT or PE and take appropriate preventative steps. This may include: Administering blood-thinning medications (anticoagulants). Encouraging early mobilisation and physical activity after surgery. Using compression stockings or devices to stimulate circulation. Monitoring for early signs and symptoms of DVT or PE. Failure to adhere to these standards can result in clinical negligence claims, as the development of DVT or PE may have been preventable with proper care. DVT and PE in the UK – The Stats DVT and PE are significant health concerns in the UK, with an estimated 25,000 preventable hospital deaths from venous thromboembolism (VTE), which includes DVT and PE, occurring annually. This makes VTE one of the leading causes of hospital-related mortality. Each year, around 60,000 people in the UK suffer from DVT, and around 40,000 develop PE. Many of these cases are preventable with proper medical care, and a significant number of deaths and complications could be avoided with adherence to clinical guidelines. In cases where DVT or PE arises due to negligent medical treatment, affected individuals or their families may be entitled to compensation. The NHS pays out significant sums in compensation for clinical negligence claims each year. In the 2022-2023 financial year, £2.6 billion was paid out in compensation for clinical negligence claims across England and Wales, including those related to DVT and PE. Patients who experience long-term complications, such as post-thrombotic syndrome (a condition that can cause chronic pain, swelling, and ulceration in the legs following a DVT), may also be entitled to additional compensation for the ongoing impact on their quality of life. How to make a blood clot & DVT claim DVT and PE are serious medical conditions that can be exacerbated or even caused by clinical negligence. While many factors contribute to the development of these conditions, medical professionals have a duty of care to mitigate the risks wherever possible. Failure to do so can have devastating consequences, and those affected may be entitled to compensation for their injuries. If you believe you have suffered due to negligent treatment, it is essential to seek legal advice to explore your options for making a claim. Our team of specialist medical negligence solicitors are here to help you understand your rights and seek the compensation you deserve. Contact us for expert advice and support in pursuing a claim.
Joint Replacements in England and Wales – Do I have a Clinical Negligence Claim? Joint replacements are among the most common and life-changing surgeries performed in England and Wales, with thousands of patients receiving hip and knee replacements each year to alleviate pain, restore mobility, and improve quality of life. While these surgeries are usually successful, complications can arise, some of which may be due to medical negligence. When a joint replacement fails or complications occur due to negligent care, patients may be entitled to bring a medical negligence claim. How Many Joint Replacements Are Performed Annually? In England and Wales, around 100,000 hip replacements and 90,000 knee replacements are performed annually. The majority of these procedures are conducted due to osteoarthritis, which wears down the cartilage that cushions the joints, causing pain and stiffness. As a result, joint replacements become a necessary solution for patients who cannot achieve relief through non-surgical treatments. The Joint Replacement Procedure Hip replacement involves removing the damaged portions of the hip joint and replacing them with artificial components, typically made of metal, ceramic, or plastic. Similarly, a knee replacement may involve replacing the entire joint (total knee replacement) or only part of it (unicompartmental knee replacement) depending on the extent of the damage. The aim of joint replacement surgery is to restore function, reduce pain, and improve mobility. However, these procedures can sometimes lead to complications if not performed with proper care. When Can a Claim Be Made for a Failed Joint Replacement? A clinical negligence claim can be brought if a patient or their loved one has suffered from a failed joint replacement due to substandard care. Some of the most common grounds for negligence claims in joint replacement surgeries include: Inappropriate Surgery: In some cases, a patient may undergo a joint replacement unnecessarily or inappropriately. For instance, where a patient with osteoarthritis could have benefitted from less invasive treatments, opting for surgery prematurely could be considered negligent. This is particularly relevant for younger patients or those with mild osteoarthritis who may not have exhausted conservative treatment options. Incorrectly Sized Implants: Surgeons must ensure that the artificial joint or implant is of the correct size. Using an implant that is too large or too small can result in misalignment, instability, pain, or even joint failure. This is a form of negligence if the surgeon fails to use appropriate surgical techniques or equipment to ensure the correct fit. Failure to Diagnose Post-operative Complications: After joint replacement surgery, close monitoring is essential to detect complications such as infections, blood clots, or poor healing. If a surgeon or medical team fails to diagnose and treat these complications promptly, it can lead to further damage and long-term consequences for the patient. Failure to properly manage post-operative care could constitute negligence. Specific Risks and Negligence in Knee and Hip Replacements Unicompartmental Knee Replacement (UKR) Complications Unicompartmental knee replacements (UKRs), also known as partial knee replacements, involve replacing only one section of the knee joint. While they can be beneficial for some patients, UKRs have been associated with higher complication rates compared to total knee replacements. Complications can arise due to incorrect patient selection, where a UKR is performed when the damage is too extensive, leading to pain, instability, or early failure of the replacement. Additionally, misalignment of the implant or insufficient balancing of the knee joint can result in instability, making it difficult for the patient to walk or bear weight on the leg. In cases where poor surgical technique is responsible for these issues, a clinical negligence claim could be pursued. Hip Replacement Complications: Misalignment, Dislocation, and Nerve Damage Hip dislocations after a replacement occur when the ball of the new joint comes out of the socket. This can be due to improper positioning of the implant, making the hip more vulnerable to dislocation. While not every dislocation is due to negligence, multiple dislocations or dislocations resulting from misaligned implants or poor surgical technique may lead to a claim. Another common issue after hip replacement is a leg length discrepancy, where one leg becomes longer or shorter than the other. This can result from poor pre-operative planning or surgical errors in implant placement. While small differences in leg length can be addressed post-surgery, larger discrepancies causing pain or difficulty walking may indicate negligence, especially if no corrective measures are taken. Foot drop and sciatic nerve damage are other potential complications following hip replacement surgery. Foot drop occurs when the nerve controlling foot movement is damaged, leading to weakness or paralysis in the foot. This can happen if the sciatic nerve is injured during surgery. Nerve damage is often preventable, and if it occurs due to improper surgical technique or positioning, it may be grounds for a negligence claim. Do I have a Joint Replacement Negligence Claim? Several factors can determine whether a joint replacement complication is due to negligence: Inadequate Pre-operative Planning: If a surgeon fails to properly evaluate a patient’s condition, including choosing the appropriate type and size of implant, this can lead to a failed replacement. Failure to assess key risk factors, such as pre-existing conditions, can also be considered negligent. Surgical Errors: Misalignment of the implant, incorrect sizing, or poor placement can lead to pain, instability, and joint failure. These errors are preventable if the surgeon follows standard protocols and employs proper techniques. Lack of Informed Consent: If a patient is not fully informed of the risks of surgery, including the possibility of complications or the need for further treatments, a negligence claim may be valid. Surgeons have a duty to explain all potential outcomes before proceeding with surgery. Post-operative Care Failures: Proper post-surgical monitoring is crucial for ensuring a successful recovery. If complications are ignored or treated too late, leading to further harm, this can also form the basis of a negligence claim. Seeking Legal Advice for Medical Negligence Cases Joint replacements can significantly improve a patient’s quality of life, but they are not without risks. When complications arise due to negligent care—whether from inappropriate surgery, incorrect implants, poor surgical technique, or failure to diagnose and treat post-operative issues—patients may have grounds to bring a clinical negligence claim. If you or a loved one has suffered the consequences of a failed hip or knee replacement, seeking legal advice is crucial to understanding your rights and options. Don’t hesitate to reach out to our team of Medical Negligence Solicitors who are experts in this area.
Coping with the Heartbreak of Stillbirth: Understanding Your Rights and Support in England and Wales Losing a baby through stillbirth is one of the most devastating experiences any parent can face. If you have suffered the pain of stillbirth, our hearts go out to you during this incredibly difficult time. The emotional and physical toll can feel overwhelming, and the journey ahead may seem uncertain. While no words can heal such a profound loss, understanding why this may have happened and exploring your options may provide some clarity and support as you navigate this painful chapter. We understand how deeply sensitive and difficult this subject is, and we are here to support you. In this article, we discuss the steps you can take if you have concerns about the care you received. Please reach out whenever you feel ready, we have listed a baby loss information and support page here for further guidance. What is Stillbirth? In England and Wales, a stillbirth is defined as the death of a baby after 24 weeks of pregnancy but before or during birth. Unfortunately, around 3,000 stillbirths occur every year, with many happening unexpectedly. The reasons for stillbirth can vary, and sometimes, despite the best care, the causes remain unexplained. However, in some cases, preventable factors or medical negligence may have played a role. Why Does Stillbirth Happen? Stillbirth can occur due to a variety of medical reasons, some of which are unavoidable, while others may result from complications during pregnancy or labour. Common causes of stillbirth include: Placental Problems: The placenta may fail to provide sufficient oxygen or nutrients to the baby, leading to growth restriction and, in some cases, stillbirth. Infections: Maternal infections such as Group B Strep, or infections affecting the baby, can sometimes lead to stillbirth if not detected and treated in time. Umbilical Cord Issues: Problems with the umbilical cord, such as cord prolapse or knots, can cut off the baby’s oxygen supply, sometimes leading to stillbirth. Pre-eclampsia and Hypertension: High blood pressure in the mother can affect the blood flow to the baby and may increase the risk of stillbirth if not carefully monitored and managed. Diabetes: Gestational diabetes can raise the risk of stillbirth, particularly if it is not well controlled during pregnancy. Intrauterine Growth Restriction (IUGR): When a baby’s growth slows down or stops in the womb, there is an increased risk of stillbirth, particularly if the condition goes undiagnosed or untreated. When Might Stillbirth Be Due to Negligent Care? In some heartbreaking cases, a stillbirth may occur due to failures in the medical care provided during pregnancy or labour. If you have concerns that the care you or your baby received may have contributed to your loss, it is important to know that you are not alone, and there may be grounds for a clinical negligence claim. Here are some examples of where care might fall short: Failure to Monitor Fetal Movements A reduction in your baby’s movements may indicate distress or other serious issues. If medical professionals fail to properly investigate or act on changes in fetal movement, it could result in a preventable stillbirth. Delayed Diagnosis of Infections or Pre-eclampsia If infections such as Group B Strep or pre-eclampsia are not diagnosed or treated promptly, the risk to both mother and baby can increase significantly. Delays in diagnosing and treating these conditions may be considered negligent. Inadequate Monitoring During Labour During labour, continuous monitoring of the baby’s heart rate is vital to detect signs of distress. If the baby’s condition is not closely monitored, or if warning signs are ignored, the outcome can be tragic. Failure to Recommend Early Delivery In cases where the baby is not growing properly, or the mother’s health is at risk, medical professionals may recommend early delivery. If this recommendation is not made or acted upon in time, the baby may face further risks in the womb. Mismanagement of High-Risk Pregnancies Pregnancies where the mother has conditions such as diabetes, hypertension, or a history of complications require close supervision. If the risks are not managed appropriately, the baby may be at higher risk of stillbirth. How our team can help We understand that legal advice may be the furthest thing from your mind during such a traumatic time. However, if you feel that your loss could have been prevented or if you have questions about the care you received, we are here to offer support and guidance. Speaking with a compassionate legal team can help you gain clarity and understand your options, should you wish to explore whether medical negligence played a role in your baby’s death. At this time, you deserve compassion and care. We provide an empathetic and supportive service, offering advice that is sensitive to the emotional journey you are on. We understand that making a claim won’t ease the pain, but it can provide answers and ensure accountability where care standards have fallen short. Supporting You Through the Next Steps If you are considering pursuing a claim, our team can help you at every stage of the process. We will listen to your story, investigate the circumstances of your care, and consult with medical experts to determine whether mistakes were made. Above all, we are here to ensure that your voice is heard and that you receive the understanding and support you need. Please know that you do not have to go through this alone. Whether you simply need someone to listen or wish to explore your legal rights, we are here to provide the compassionate advice you deserve. Our goal is to help guide you through this difficult time with understanding, care, and support. Final Thoughts Losing a baby through stillbirth is an unimaginable tragedy, and no words can ever truly express the depth of that loss. If you feel that medical care may have played a role in your stillbirth, we are here to help. We will listen, guide, and support you every step of the way. You deserve answers, and you deserve care that puts you and your family first. Please reach out to us whenever you feel ready by requesting a callback on our website or calling 0191 691 3415. You are not alone, and we are here for you.