A medical misdiagnosis occurs when a healthcare professional provides an incorrect, delayed, or missed diagnosis, causing avoidable harm. If negligence can be proven, you may…
DVT compensation claims
If you suffered avoidable harm due to a misdiagnosis or delayed diagnosis of deep vein thrombosis (DVT), you may be entitled to claim compensation.
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Deep Vein Thrombosis Claims
If you suffered avoidable harm due to a misdiagnosis or delayed diagnosis of deep vein thrombosis (DVT), you may be entitled to compensation. This can lead to a life-threatening pulmonary embolism (PE), chronic leg pain, and, in severe cases, leg amputation.
A successful deep vein thrombosis claim can compensate you for your pain and suffering and help you cover medical expenses, rehabilitation, and loss of earnings.
If you believe that you or a loved one has been affected by negligent medical care, a specialist solicitor can assess your case and advise you on your legal options.
For a free initial consultation, call 0800 470 0474 today, or use our online claim form to request a call back.
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Table of Contents
What is a deep vein thrombosis claim?
A deep vein thrombosis claim is a type of medical negligence claim that can be made when a healthcare professional fails to diagnose, treat or manage deep vein thrombosis appropriately, resulting in avoidable injury.
Examples of clinical negligence that could lead to a DVT claim include:
- Failure to assess a patient’s risk of developing DVT
- Failure to recognise symptoms or risk factors
- Failure to prescribe preventative treatment
- Misdiagnosing DVT symptoms as another condition
- Failure to carry out appropriate tests to rule out a blood clot
- Failure to monitor hospital patients who are immobile or post-surgery
- Failure to treat DVT properly once it is diagnosed
If any of these or other failures by your GP or hospital caused you harm, you may be entitled to compensation.
Can I claim compensation for deep vein thrombosis?
While not all cases of deep vein thrombosis are due to medical negligence, you may be eligible to make a claim for compensation if the following apply to your situation:
- A medical professional owed you a duty of care.
- They breached that duty by providing substandard medical treatment.
- This failure caused your deep vein thrombosis or allowed the condition to worsen.
- You suffered avoidable harm or complications as a result.
- You are within the legal timeframe for starting a claim.
An experienced medical negligence solicitor can assess your case for free and advise you on your legal rights. You can seek compensation from the NHS, as well as from private healthcare providers, if negligent care caused you avoidable harm.
What is the time limit to make a DVT negligence claim?
Usually, you have three years to bring a claim for a blood clot injury, starting from:
- The date of the negligent treatment
- The date you became aware that negligence may have caused you harm
There are a few exceptions under the Limitation Act 1980:
- Children – The 3-year period begins on their 18th birthday.
- Lack of mental capacity – The time limit is suspended unless the injured person recovers capacity.
- Fatal cases – The three years generally begin on the date of death or the date you became aware that negligence may have contributed to the death.
Given the potential complexity of medical negligence cases, you should seek legal advice as soon as possible to ensure your case can be assessed properly.
How do I make a DVT compensation claim?
Making a claim for negligent diagnosis or treatment of DVT involves several key steps:
- Initial consultation – An expert lawyer will review your case to determine whether you may be eligible for compensation.
- Evidence gathering – Your solicitor will obtain your medical records and arrange an independent medical review.
- Letter of claim – A formal letter outlining the allegations of negligence is sent to your healthcare provider.
- Investigation and response – The defendant will investigate your case and respond to the allegations.
- Negotiations or court proceedings – Many claims are resolved through negotiations, but your lawyer may issue court proceedings if liability is denied.
Your personal injury solicitor will offer you support and advice at every step of the claims process and ensure your case is handled carefully.
How much compensation can I claim for DVT negligence?
Compensation for DVT negligence claims depends on several factors, including the severity of your injury, the long-term impact on your health, and any related financial losses. This may cover two types of damages:
General damages compensate for the pain, suffering and loss of amenity caused by the DVT or pulmonary embolism.
Special damages cover financial losses and expenses, such as:
- Medical treatment costs
- Loss of earnings
- Rehabilitation costs
- Travel expenses
- Ongoing care needs
General damages are assessed according to the Judicial College Guidelines. Serious complications such as pulmonary embolism, brain injury and limb amputation may result in higher amounts of compensation. For example, you could receive:
| Injury type | Description | Compensation range |
|---|---|---|
| Leg injuries | Severe leg pain and reduced mobility | Up to £74,000 |
| Loss of one leg above the knee | £127,930 to £167,760 | |
| Pulmonary embolism | Pulmonary embolism causing mild breathing difficulties | Up to £18,240 |
| Severe pulmonary embolism causing long-term breathing problems | Up to £48,080 | |
| Lung and heart injuries | Total removal of a lung and/or heart damage | £122,850 to £183,190 |
| Brain injuries | Moderately severe brain damage | £183,190 to £267,340 |
Can I make a no win no fee DVT medical negligence claim?
If you suffered harm due to poor management or misdiagnosis of DVT, you may be able to pursue a compensation claim on a no win no fee basis. A conditional fee agreement from your solicitor means that:
- You do not pay any legal fees upfront.
- You only pay a success fee if you receive compensation.
- If the case is unsuccessful, you do not pay your solicitor’s success fee.
The success fee is capped by law at 25% of compensation for general damages and past financial losses and agreed before the case begins.
What evidence do I need for a DVT misdiagnosis claim?
You will need various types of evidence to prove that your doctor breached their duty of care towards you and the injuries you suffered as a result. This includes:
- Medical records from the A&E, GP or hospital that treated you.
- Results of scans or blood tests.
- An independent medical report assessing breach of duty, causation and the impact on your life.
- Records of symptoms and the treatments you received.
- Statements from medical staff or loved ones who witnessed the substandard care.
- Financial documents showing related losses, such as receipts and payslips.
Frequently asked questions
DVT is a condition in which a blood clot forms in a deep vein, usually in the lower leg. If it is not promptly diagnosed and treated, it can restrict blood flow, causing symptoms such as:
- Leg swelling
- Pain, tenderness or cramping in the leg
- Warm skin around the affected area
- Red or discoloured skin
If the blood clot travels to the lungs and causes a PE, it may result in chest pain, shortness of breath, rapid pulse, dizziness, and fainting. If you experience any of these, seek emergency medical help.
Your doctor will aim to prevent the clot from getting bigger and travelling to the lungs, as well as reduce the risk of future clots. Common treatments include:
- Blood-thinning medication
- Compression stockings
- Medication to dissolve internal blood clots
- Surgical removal of the clot (thrombectomy)
- Filters that prevent the clot from reaching the lungs
- Lifestyle changes and adjustments
If DVT is not diagnosed or treated promptly, it can lead to serious consequences, including:
- Pulmonary embolism (PE), which can be life-threatening.
- Post-thrombotic syndrome causing leg pain and swelling.
- Long-term circulation and mobility issues.
- Psychological distress and mental health issues.
- Amputation of the leg and permanent disability, in severe cases.
Yes. If a loved one suffered avoidable harm due to a delayed diagnosis of a DVT, you could pursue a claim on their behalf as a litigation friend. This legal process is commonly used when the injured party is under 18 or an adult who lacks mental capacity and cannot handle a claim themselves.
Yes. If a loved one passed away due to a delayed diagnosis or poor treatment of DVT, you could be entitled to compensation for:
- Loss of financial support and services from your loved one.
- Reasonable funeral expenses.
- The pain, suffering and financial losses suffered by your loved one before passing away.
- Bereavement damages of £15,120, if you are eligible under the relevant rules.
The length of a DVT negligence claim depends on the complexity of the case. Simple cases in which liability is admitted from the beginning can be resolved within 12-18 months, or sooner. More complex claims involving serious injuries may take several years to resolve.
If your DVT was caused or worsened by medical negligence, you may be entitled to make a deep vein thrombosis negligence claim. Call us today on 0800 470 0474 or request a call back to speak with a specialist solicitor for a free, no-obligation case assessment.
