Blood Transfusions – Clinical Negligence

Blood transfusions can form an important part of life saving or life improving treatment for patients. Occasionally however mistakes are made with a blood transfusion and this can cause serious harm.

If you have suffered a personal injury caused by medical errors linked to a blood transfusion, you may be in a position to make a medical negligence claim. Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for expert advice from our specialist lawyers.

Blood Transfusions
Blood Transfusion Safety
Clinical Negligence and Blood Transfusions
Making a Clinical Negligence Claim
Clinical Negligence Compensation
The Skipton Fund
Our Specialist Lawyers

Blood Transfusions

A blood transfusion is the process of taking blood from a donor and giving it to a patient. Blood transfusions are carried out for many different reasons, often for people who have suffered heavy blood loss due to an accident, during an operation or in childbirth. A blood transfusion may also be necessary for patients with certain chronic health conditions or illnesses, such as leukaemia, haemophilia and sickle cell anaemia.

Whole blood is not generally used in modern transfusions, instead individual components of the blood (i.e. red blood cells, plasma or platelets) are given, dependent upon the needs of the recipient.

Blood transfusions are administered via a cannula into a vein, usually in the patient’s arm. The cannula, which is a small plastic tube, is connected to a drip which delivers the donor blood.

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Blood Transfusion Safety

It is essential that safety protocols are followed in the collection, storage and use of donated blood.

Individuals wishing to donate blood are selected under strict criteria and should be carefully screened. The donated blood is then tested for infections, to minimise the risk of contaminated blood being used for transfusions, and it has to be stored under appropriate conditions.

When a blood transfusion is administered, it must be of a compatible blood group and administered carefully by someone with the appropriate qualifications and skill. The need to transfuse at all should always be thoroughly assessed to avoid unnecessary transfusions being given. Patient identification is also essential. Every patient receiving a transfusion must wear a wristband with their details and their identity must be checked before each unit of blood is used.

After a blood transfusion, patients should be observed and monitored for any adverse reactions.

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Clinical Negligence and Blood Transfusions

Blood transfusion mistakes can have very serious, even fatal, consequences. The main ways in which medical negligence may affect a blood transfusion include:

• Blood of the wrong type is given to a patient
• A mistake is made with patient identification
• An unnecessary transfusion is carried out
• Contaminated blood is administered
• Mistakes made during the transfusion process (i.e. needles inserted incorrectly)

If blood of the wrong type is given to a patient this is almost always considered to be negligent practice. This can cause a severe, sometimes life-threatening reaction in the patient.

In cases where a transfusion is given using contaminated blood from someone who has a blood borne virus, the recipient may then contract that illness. Examples of these illnesses include HIV, hepatitis C, hepatitis B and Creutzfeldt-Jakob Disease. The risk of contracting these conditions from a blood transfusion is very low, as donated blood is carefully screened for infections.

There are some side effects that can occur following a blood transfusion that are recognised risks of the treatment and are not necessarily caused by medical negligence. Most people do not suffer any discomfort, but some may experience chills, a mild temperature or a rash. These symptoms are relatively normal, can not be prevented and can usually be treated with paracetamol or by slowing the transfusion.

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Making a Clinical Negligence Claim

In a clinical negligence claim it is important to show not only that there has been negligence on the part of the hospital or medical practitioner involved, but also that this has caused some form of injury to the patient.

It is also necessary to prove that no reasonable practitioner would have acted in the same way under the circumstances and that the outcome would have been different had the correct treatment been administered.

You may wish to make a complaint to the hospital or clinic initially, to ensure that the matter is noted and looked into. This may prompt an explanation, or perhaps even a change in procedure to try and prevent future occurrences, however it is unlikely to result in an offer of compensation.

It is therefore important to seek advice from a specialist medical negligence lawyer, who can examine the facts of your case, collate the necessary evidence and advise you on the best way to proceed.

You must remember that time limits apply and court proceedings have to be commenced within three years of the harm done or the date when you could reasonably have found out that things had gone wrong.

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Clinical Negligence Compensation

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you have gone through and any loss of amenity (eg an inability to look after your garden, go shopping or drive). The award for loss of amenity can be for a short period after a blood transfusion error or forever if that is what the medical evidence supports.

The second element of a compensation award, for your losses and expenses, is known as special damages and this aims to put you back in a position financially as if the blood transfusion error had never occurred. It is important to keep receipts for any expenditure you have related to the medical negligence so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured as the result of a blood transfusion error, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

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The Skipton Fund

A scheme known as the Skipton fund was set up in March 2004 by the Department of Health, with the aim of compensating certain people who were infected with hepatitis C through NHS treatment using blood or blood products.

In order to be eligible for a payment under the scheme, the infection must have occurred prior to September 1991. Payments will not be made in respect of patients who died prior to 29th August 2003, or for anyone who recovered from the virus spontaneously during the acute phase of the disease.

For anyone who qualifies for a payment under the scheme, a first stage payment of £20,000 is usually available. Recipients of a first stage payment who have gone on to develop advanced liver disease as a result of their hepatitis C infection may also be eligible for a second stage payment of £25,000.

If a patient dies before receiving a payment from the fund, a payment can be made to their estate.

If you believe you may be entitled to a payment from the Skipton fund, you can find further details on the official Skipton fund website.

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Our Specialist Lawyers

The Legal Line's lawyers have extensive experience in recovering compensation for the victims of clinical negligence. They can offer expert claim advice on all areas of making a compensation claim and the claims process, and can provide the assistance and guidance that you need.

Contact us on 0800 0328511, or complete a claim enquiry form online, for specific advice on your case.

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