Venous thromboembolism (VTE) compensation claims

Venous thromboembolism or VTE is a life-threatening condition which requires urgent investigation and treatment. Delayed diagnosis of VTE and treatment for the blood clots which block the flow of blood and oxygen to vital organs and tissues of the body can result in death or permanent disability from brain injury, stroke, heart failure, lung damage, and amputation.

VTE is the leading preventable cause of deaths in hospital. Most VTEs occur during or after hospital care. VTE and blood clots are also the most common cause of maternal death for mothers during pregnancy, birth and postnatally.

Untreated VTE leaves severe and lasting consequences which can be life-changing for individuals and their families. Compensation after VTE negligence can help ease the financial impact by replacing lost income and ensuring there is money to pay for therapies and specialist equipment, home adaptations and help with care.

Our medical negligence solicitors are highly experienced in securing the help and financial compensation that our clients deserve after injury or bereavement from mistakes in medical treatment or maternity care. Our clients benefit from:

• Free initial advice about making a VTE medical negligence claim and responding to HSIB/HSSIB/CQC or NHS Resolution;
• No win no fee funding arrangements;
• Interim payments to help pay for therapies, care, equipment and home adaptations, and to ease financial hardship;
• Compensation to restore financial stability and meet the costs arising from lifelong disability or the loss caused by  a parent or partner’s death;
• Additional support where needed from our experts in Court of Protection deputyship, community care and special educational needs.

Our personal injury specialists can also advise in cases where venous thromboembolism, such as a DVT or pulmonary embolism, was caused by traumatic injury, such as in an RTA road traffic accident.

What is venous thromboembolism (VTE)?

A blood clot which forms in a vein, where it blocks or restricts the flow of blood, is called a venous thrombosis. When  part of the blood clot breaks off and moves through the bloodstream to block a blood vessel in another part of the body, this is known as venous thromboembolism or VTE.

DVT or deep vein thrombosis is a type of VTE. DVT means that a blood clot has formed in a deep vein, such as in the lower leg. DVTs can sometimes be caused by being immobile for a long period of time, such as sitting for hours on a long-haul flight or an extended period of bed rest in hospital after surgery. Untreated DVT can lead to serious complications, including pulmonary embolism (PE).

Pulmonary embolism or PE is another type of VTE, which is caused when the breakaway blood clot causes a partial restriction of the blood flow or complete blockage in one or more of the arteries of the lung. Pulmonary embolism (PE) is often caused by clots which have been carried by the bloodstream from a deep vein thrombosis (DVT) in the leg. Delays in treating PE can lead to death or disability from heart failure, arrhythmia and cardiac arrest, and lung damage (pulmonary infarction).

Cerebral venous sinus thrombosis (CVST or CVT) is a very rare form of VTE which occurs when a blood clot blocks the large vein which drains blood from the brain. If untreated, CVT can cause brain injury from bleeding (haemorrhage) and swelling within the brain and stroke.

What are the risk factors for VTE?

VTE affects people of any age, gender, race or ethnicity.  Up to 60% of all VTEs are associated with hospital care. Guidance by the National Institute for Health and Care Excellence (NICE) requires hospitals to assess each patient’s individual risk of VTE on their admission to hospital and reassess their risk whenever their clinical condition changes.

Factors which may increase an individual’s risk of thrombosis include:

• Staying as an inpatient in hospital or other long-term bed rest;
• Surgery, especially on the pelvis, abdomen, or hip/knee replacement surgery;  
• Traumatic injury or major trauma, such as in a road traffic accident;
• Broken bones or other injury which cause injury to a vein;
• Cancer and its treatment;
• Pregnancy, birth and the weeks immediately afterwards (postnatal );
• Contraceptives, especially those containing oestrogen (estrogen);
• HRT or hormone replacement therapy;
• Other family members having blood clots (family history of blood clots);
• Being overweight (obesity);
• Long periods of immobility, such as sitting  especially with legs crossed;
• Dehydration;
• Smoking.

What kind of injuries can be compensated in VTE claims?

We help clients claim compensation after negligent VTE treatment leads to long term disability and loss from:

• cardiac arrest and heart failure;
• lung damage and respiratory disability;
• amputation;
• brain injury and stroke;
• PTSD psychological injury; 
• fatal injury or maternal death.

How much compensation can I claim for venous thromboembolism?

The amount of compensation that can be claimed depends on the severity of the injury and its impact on the individual’s life. Claims for severe disability may include compensation for:

• pain, suffering and disability;
• costs of care and case management;
• prosthetics (after amputation);
• rehabilitation and therapies, such as physiotherapy, occupational therapy, speech and language therapy;
• medical/surgical costs;
• PTSD treatment or psychological counselling;
• specialist vehicles, aids and equipment;
• loss of earnings or pension;
• additional costs of adapted accommodation;
• Court of Protection deputyship in cases involving loss of mental capacity.

Where the negligence resulted in fatal injury, the deceased’s dependant family may be able to claim sums to replace the loss of the deceased’s income and services to the family (such as childcare, housekeeping etc), as well as funeral costs and other expenses, the statutory bereavement award, and compensation for the deceased’s pain and suffering before their death.