Blood Transfusion Errors

There are millions of blood transfusions given each year across the world, and the majority are entirely safe, and in many cases life-saving. However, when errors occur, the physical and emotional impact can be severe. If you or a loved one has experienced an error during a blood transfusion that has caused an injury or illness, you could be eligible to make a blood transfusion error claim.

The solicitors we work with can help you claim the compensation you deserve without any upfront costs or financial risk. By offering you a no win no fee* service, you will only pay a fee if your claim for compensation is successful. Otherwise, you won’t pay a penny.

To find out more about making a medical negligence claim for a blood transfusion mistake, call 0800 470 0474 or arrange a call back to speak to an experienced legal adviser. You can find out within minutes if you have a valid case, and ask any questions you may have about the claims process.

What are blood transfusions?

In basic terms, a blood transfusion is a medical procedure where blood from a donor is transferred into the bloodstream of a patient. Blood transfusions are commonly performed when a person has lost blood due to an injury or during surgery. However, the procedure can also be used for the treatment of some medical conditions such as anaemia, sickle cell disease and cancer.

Blood transfusions rely on blood donations from volunteers who are screened for diseases to ensure the blood is safe to use. The donated blood is usually separated into red cells, platelets and plasma, and these different components can be used to treat various conditions.

A blood transfusion typically takes between 1-4 hours, with the patient being closely monitored during and after the procedure for any adverse reactions. When performed correctly, as most blood transfusions are, this process can be a lifesaving and health-altering treatment.

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Can I make a blood transfusion error claim?

Blood transfusions are often critical in saving lives, such as in cases of blood loss during surgery, accidents, or childbirth. Nonetheless, there are instances where mistakes can and may lead to severe and lasting consequences that can significantly impact a person’s life.

If you believe you or a loved one has suffered avoidable harm due to a blood transfusion error, you should get in touch with a legal adviser as soon as possible. If they can determine that the error was due to the negligence of a medical professional, you may be entitled to compensation.

For a valid blood transfusion negligence claim, it is necessary to establish two key factors:

• First, it must be shown that the level of care you received was below what could reasonably be expected of a trained healthcare professional, indicating a breach of duty.
• Secondly, it must be demonstrated that the injury you suffered was a direct result of the breach of care and not due to an existing underlying condition. In other words, the harm must have been preventable and caused directly by negligence.

It is essential to remember that there are specific time limits to start a claim, which is usually three years under UK law. However, you should seek legal advice as soon as possible, as there are some exceptions to this rule.

If you have a valid case, you will need proof to show liability and all the damages you have incurred. This could be in the form of:

• Medical records providing detailed information about your medical history, the treatment provided, and any adverse outcomes;
• An expert medical opinion to establish the standard of care expected from a trained healthcare professional and whether the care you received fell below that standard;
• Witness statements from individuals who were present during the transfusion or involved in your care can provide valuable insight into what happened and help to establish negligence;
• Photographs, videos, or any other documentation that can help to establish negligence and causation;
• Evidence of all the financial losses and expenses related to the medical negligence, such as medical bills, pay slips, and any other relevant receipts, invoices or bank statements.

If you have a valid blood transfusion error claim, your solicitor will offer you a no win no fee agreement, meaning you do not have to pay any upfront fees for their services. Furthermore, you will not incur any out-of-pocket expenses if your case fails.

When is a blood transfusion needed?

Blood transfusions are most often associated with the need to replace lost blood following a serious accident, childbirth complications or during surgery. However, blood transfusions are widely used for people who are severely anaemic and those who have blood disorders such as sickle cell anaemia or thalassaemia.

Blood transfusions are also given to patients who have very low counts of platelets in their blood, a condition referred to as thrombocytopenia. This is often the case with patients who are undergoing treatment for cancer and whose platelet counts fall dramatically. Other conditions associated with low platelets include chronic liver disease, sepsis, cirrhosis and serious infections.

What errors can occur with blood transfusions?

Our national blood transfusion service is amongst the safest in the world, with exceptional standards maintained throughout all levels of blood supply chains. Staff in this field are amongst the best in the world and are highly trained and skilled in obtaining, storing and administering blood. However, as with all processes, an error can occur and in this field, mistakes can have severe consequences for patients.

There are many situations that may result in a blood transfusion error claim, but some of the most common mistakes include:

• A patient being given contaminated blood
• The wrong blood type being given to a patient
• Fluid overload

All of the above errors can have significant negative impacts on a patient, and may entitle them to receive compensation by making a successful clinical negligence claim.

Contaminated Blood

Blood donors are all screened prior to donating blood to limit the risk of exposure to infection and disease. Once donated, all blood is then tested in a laboratory for blood infections such as HIV, Hepatitis B and Hepatitis C. Once the blood is deemed safe, it is released into the system for use when needed.

Bloods must be stored in a sterile manner in order to maintain their safety for use. Blood which is stored, especially platelets, are susceptible to contamination and so it is imperative that medical staff are vigilant in their storage and handling methods.

If the blood is contaminated at any stage of this process and is then given to a patient, the patient can suffer severe illness, with symptoms similar to sepsis. If an infection is overlooked during screening or there are errors in the storage system, it may be possible to make a claim for compensation.

The Wrong Blood Type

A recipient’s blood must be tested immediately prior to being given a blood transfusion to ensure that the wrong blood type is not given. The patient will then wear a wristband which identifies their blood type, and this must also be checked before a transfusion of blood being administered. If either of these requirements is overlooked or completed with errors, the recipient may suffer significantly

The wrong blood type might also be given to a patient if the blood was labelled incorrectly at the laboratory. A patient who received the wrong blood type may naturally attack the blood cells, and this is known as haemolytic transfusion reaction (HTR). Symptoms of HTR include:

• Back pain
• Chills
• Fainting or persistent dizziness
• Raised temperature
• Blood in the urine
• Flushed skin

This condition can have a major impact on the health of a blood transfusion error victim and can lead to acute kidney failure, lung and respiratory problems, anaemia and shock.

Fluid Overload

In very rare instances, too much blood can be transfused into a patient in too short a time for the body to react and cope with it. The excess fluid in the body puts strain on the heart as it is unable to pump the excesses around the body properly and this eventually leads to heart failure.

The symptoms of excess fluid include swelling in the body and difficulty breathing as well as general fatigue. This error can be avoided through assessing the individual patient and correctly determining the rate at which the transfusion should be administered.

How much compensation can I claim for blood transfusion negligence?

When you suffer an injury or illness due to a negligent medical error, you are entitled to damages for your pain, suffering and other related losses. While every case is different, the amount of compensation payable in a blood transfusion error claim depends on two different types of damages:

Special damages compensate for the past and future financial losses incurred due to the blood transfusion error, such as:

• Lost wages and loss of earning capacity if you are unable to return to work
• Loss of pension and other financial benefits
• Cost of past and future medical treatments, such as medications
• Cost of hiring help and assistance with everyday tasks
• Rehabilitation and counselling
• Travel expenses to and from medical appointments or hospital visits
• Modifications to your home or vehicle to accommodate a disability

General damages compensate for the actual injury caused by the medical negligence and how it affected your life, including:

• Physical pain and suffering, such as back pain or the development of infections
• Mental trauma and emotional distress
• Loss of enjoyment of life and reduced quality of life
• Psychological trauma and its consequences, such as anxiety and depression
• Inability to continue pursuing a hobby or leisure activity
• Physical disfigurement and impairment
• Loss of consortium or companionship

Your solicitor will thoroughly assess your blood transfusion negligence claim and ensure that all the losses you have suffered are included in your settlement. Below you can see some examples of general damages for common injuries associated with blood transfusion negligence, according to the Judicial College guidelines:

• £28,880 to £42,110 for the loss of one kidney but no damage to the other
• £158,970 to £197,480 for permanent and severe damage to both kidneys, including loss of function
• £2,070 to £5,000 for a lung injury with full recovery within several months
• £19,510 to £29,380 for a more severe lung illness that impacts work and social life
• £51,420 to £65,710 for significant problems with lung function and impaired breathing
• £94,470 to £127,530 for a severe lung injury leading to premature death
• £7,680 to £21,730 for moderate PTSD with lasting effects

To learn more about how much you could receive in a blood transfusion error claim, call 0800 470 0474 or arrange a call back with an experienced solicitor today.

Injuries and illnesses caused by blood transfusion errors

Blood transfusion is a medical procedure used to replace blood loss due to injury, surgery, or disease, as well as to treat certain medical conditions such as anaemia, clotting disorders, and immune system deficiencies. It can be life-saving but also carries risks that may lead to acute or long-term complications.

Proper screening, testing, and handling of blood products are necessary to minimise the risks associated with the procedure. Blood transfusion errors can cause a range of injuries and illnesses, including:

Infections

Blood transfusions can transmit infections like HIV, hepatitis B and C, syphilis, and malaria. Before a person can donate blood, they should undergo thorough screening for potential risk factors such as blood-borne infections or parasites. Some of these may lead to long-term health issues and disabilities, like chronic liver damage and a compromised immune system.

Allergic reactions

Allergic reactions can occur due to a patient’s sensitivity to certain components of the blood or the transfusion process. A failure to properly screen the blood or monitor the patient’s reaction to the transfusion could lead to a valid blood transfusion negligence claim. It can result in long-term health problems, including chronic respiratory problems, kidney damage, and neurological problems.

Haemolytic reactions

Haemolytic reactions occur when the immune system attacks and destroys red blood cells incompatible with the patient’s blood type. This can happen if the patient receives the wrong blood type or if there is a problem with blood compatibility testing. A haemolytic reaction may cause permanent damage to organs, which can impact long-term health and quality of life.

Transfusion-related acute lung injury (TRALI)

TRALI is a rare but potentially life-threatening condition that causes acute respiratory distress. It occurs when antibodies in the donor’s blood react with antibodies in the recipient’s blood, causing an immune response that damages the lungs. TRALI can cause permanent lung damage, which may lead to chronic respiratory problems and reduced lung function.

Circulatory overload

Circulatory overload can occur if too much blood or fluid is transfused into the patient’s body, leading to heart and lung problems. This can result in symptoms such as shortness of breath, high blood pressure, and swelling in the hands and feet. Long-term issues include chronic kidney disease and respiratory problems. In severe cases, circulatory overload can lead to heart failure and even death.

Graft-versus-host disease (GVHD)

GVHD is a rare but severe complication that can occur if the donor’s white blood cells attack the recipient’s tissues, most commonly the skin, liver, and gastrointestinal tract. Chronic GVHD, which can develop months or even years after the transplant, can cause a range of complications, such as:

• Skin problems such as itching, peeling, and blistering
• Mouth and throat problems, including dryness, ulcers, and difficulty swallowing
• Joint pain and stiffness
• Eye problems, including dryness, sensitivity to light, and vision changes
• Lung problems such as shortness of breath and coughing
• Liver damage, which can cause jaundice and other symptoms
• Reduced immune function, making the person more susceptible to infections

These injuries and illnesses can have serious consequences, including long-term health problems, disability, and in some cases, death. If it can be proven that medical negligence caused your injury, you should be able to start a blood transfusion error claim.

Claiming on behalf of somebody else

It is possible to seek compensation on behalf of someone else, such as a family member or friend, if they are unable to do so themselves due to their age, injury, illness, or incapacity. To do this, you would need to be appointed as their litigation friend by the court, which allows you to act on their behalf and make decisions regarding their blood transfusion error claim.

Typically, the court would appoint you as a litigation friend if it is satisfied that you have no interests adverse to the person you seek to represent and that you are able and willing to conduct the proceedings on their behalf. You would also need to show that the person lacks the mental capacity to manage their affairs or that they are a minor under the age of 18.

Under the Mental Capacity Act 2005, an adult who lacks the mental capacity to conduct legal proceedings on their own behalf is considered a protected party. Examples of protected parties in a claim may include:

• Adults who lack mental capacity due to a disability, illness, or injury
• Individuals who have dementia or other forms of cognitive impairment
• Individuals with a learning disability or mental health condition

Once appointed as a litigation friend, you can begin the claims process with the help of a solicitor specialising in medical negligence cases. As a litigation friend, you have several responsibilities, including:

• Acting in the best interests of the protected party;
• Attending court hearings;
• Providing instructions to the solicitor;
• Give evidence in court on behalf of the protected party;
• Keeping the claimant informed about the progress of the case and any important developments;
• Pay any fees requested by the court;
• Consider any compensation offers made by the other side;
• If the claimant is awarded compensation, you may be responsible for managing their finances and ensuring that the money is used for their benefit.

It is worth mentioning that the time limit to claim on behalf of someone else might be different than three years. If the injured person is a child, you could start legal proceedings at any point before they turn 18, regardless of when the blood transfusion occurred. If the claimant lacks mental capacity, the time limit is suspended indefinitely.

For more information about claiming on behalf of someone else, use our online claim form or call 0800 470 0474 today to arrange a free consultation with a legal adviser. They can let you know if you have a valid blood transfusion error claim and advise you on your options.