Blood Transfusion Claims

These claims are less common than other medical negligence claims, but they do happen. An example would occur during a blood transfusion following from a patient admitted following an accident or it can be during a surgical procedure when the doctors deem it necessary for a blood transfusion. In most cases all goes well but unfortunately there is occasion when not so. Contaminated blood or mismatched blood types can lead to serious health issues. It is in these instances that negligence might be the cause.

If after receiving a blood transfusion you are feeling unwell go to your GP to get treatment but also to start enquiring whether you received the incorrect blood or were given contaminated blood. Contaminated blood can lead to Hepatitis A, B or C and is a very serious matter.

The suppliers of blood products have to meet very high standards so while one can be confident that the source of blood is fine, it is in the administration of the transfusion that the standards can fall resulting in injury to the patient.

Hospitals have a Duty of Care to patients to ensure that the highest standards are used in transfusions.

No two cases are the same but generally the compensation awarded depends on the seriousness of the illness brought on by the faulty transfusion and the pain and discomfort suffered and for how long. Loss of earnings or any other loss will also be included in compensation. If you have incurred out-of-pocket expenses like transport expenses for medical appointments, these can be recovered but they need to be evidence by receipts or other forms of proof.

Establishing whether there is a case

Your solicitor will listen to your circumstances of what happened and from that determine whether the care you received fell below the standard of the duty of care that is expected from trained medical personnel. If your solicitor is of the opinion that the hospital was not in breach of their duty of care, then there is no case.

It must be established that the illness you have resulted directly from the blood transfusion. It is possible that the illness was the result of some underlying condition so this has to be ruled out as it would be a common defence to negligence.

On assessing what you tell your solicitor, he/she will assess whether there might be a claim and might seek an expert medical opinion before proceeding further.

Time Limits

In medical negligence claims the case must be instituted within two years. There are exceptions to this, and your solicitor will advise.