Deep Vein Thrombosis (Blood Clot) & Medical Negligence Claims

Deep vein thrombosis (DVT) occurs when a blood clot forms in one or more of the deep veins in the body, normally in the legs.

The clot limits the blood flow in the area which can result in pain and damage to the tissue.

The symptoms can be:

• Swollen veins on the surface of the area that are hard or painful to the touch
• Warm skin around the affected area
• Red or darkened skin around the affected area
• Throbbing or cramping
• Pain and swelling in the area

 The causes are hard to be exact on which can be lifestyle or generic but common causes are: obesity; smoking; pregnancy; old age; surgery etc.

Treatment

Doctors will consider a number of options for their patients which include:

• Blood Thinners – these are used to prevent clots from getting bigger while also reducing the risk of additional clots
• Clot Busters – these are applied in more serious cases where other medication is not working
• Support Stockings are quite commonly used
• Surgery – always an option

Medical practitioners are expected to apply a reasonable standard of care in advising treatment for patients with these blood clots so that any lesser standard that results in avoidable pain, discomfort, further worsening of the problem can give rise to a claim for medical negligence.  

Negligence

Basically, sub-standard treatment resulting in treatment that amounts to negligence will give rise to a claim. There are two essentials in establishing a stateable medical negligence claim:

1. Negligence. The treatment received must fall below the standard of care expected, constituting substandard medical care.
2. Causation. There must be a direct link between the negligent treatment and the harm suffered.

Time Limits

The statute of limitations for a medical negligence claim in Ireland is two years less a day from the date that an injury is known to have been sustained.