Blood Transfusion Claims*

Blood transfusions are essential for people who suffer significant blood loss after major trauma, either in an accident or during surgery. They are also routinely used to treat conditions such as haemophilia. However, if the blood product used is contaminated, or of the wrong blood type for the patient, it can have life-altering consequences.

If you’ve received negligent treatment during a blood transfusion or been given a contaminated blood product, our lawyers could help you claim compensation.

You might be able to claim if you have been:

Treated with a contaminated blood product and contracted Hepatitis A, B or C or HIV
Given the wrong blood type
Given a transfusion in error
Given a transfusion without your consent

The manufacturers and suppliers of blood products have a duty to prevent contamination and stop any contaminated products reaching hospitals for use on patients. Hospitals have a duty of care towards their patients, to ensure the treatment they receive is necessary and accurate. If they have failed in their duty, our blood transfusion lawyers could help you get the compensation you deserve.

If you believe you have been given a negligent or contaminated blood transfusion, contact us today to find out more about making a claim.

Medical Explanations

How Does Blood Contamination Happen?

The main contaminants found in blood products are the Hepatitis A, B and C viruses. Hepatitis C was originally known as non A and non B Hepatitis and thought to be symptomless. It wasn’t until the 1980s that the latent period for the development of symptoms from Hepatitis C infection became recognised. It is now often considered the most serious Hepatitis infection. HIV has also been known to be spread by contamination in blood products.

One way these viruses enter the blood product is simply because the person that donated the blood had the virus themselves. The risk of this happening can be significantly reduced by excluding high risk blood donors. Blood products can also be heat treated or treated with solvent detergent to eliminate infection. There are now also screening tests available that can prevent contaminated blood reaching hospitals.

If you have suffered the consequences of a contaminated blood transfusion, it means that something has gone wrong with one of these processes. Our team of experts will help you determine how it has happened and who is responsible so you can make a successful compensation claim.

What Forms Of Blood Transfusion Negligence Are There?

An infrequent but recognised medical mistake is when a patient is given a transfusion with the wrong blood type. This can result in an incompatibility reaction which can be fatal or result in long term kidney damage and other associated injuries. If an incompatibility reaction occurs, doctors should recognise this and treat it immediately.

There are also cases in which patients are given blood transfusions unnecessarily. This can happen if two patients’ notes are mixed up or if a patient has been misdiagnosed. Additionally, some patients are given blood transfusions without being properly consulted or giving their full consent.

Transfusions are invasive procedures which come with their own risks. You have the right to choose whether or not to undergo a transfusion and you should be given information about why a transfusion may be needed, details of the risks and benefits and whether there are any alternatives. If you have been subject to a transfusion without giving your full consent or after being misled about its necessity, this constitutes negligence and you may be able to claim compensation.

Your Legal Options

What Will Happen When I Make A Claim?

After you’ve contacted us, we’ll set up an initial consultation to discuss your case and whether you have a legal claim.

We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

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Medical Law:   Our Priorities
As experienced solicitors, we know how to pursue these kinds of Blood Transfusion claims. We understand the needs of our clients.   We can employ the resources to be effective in complex medical negligence litigation.
Medical Law: Our Promise to You
We are dedicated to the service of our clients from our initial consultation and case review until we reach a settlement or judgment on your behalf.   Your best interests are our priority. If you or a loved one have suffered due to medical negligence, we want to help you by finding out, what happened, who was responsible and holding that responsible party or parties to account.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Regulation 8 of S.I. 518 of 2002.

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Medicallaw.ie is a team of experienced solicitors and medical consultants who specialise in taking on medical negligence claims.

The team is headed up by Siobhan Fahy, Solicitor.

We are all well qualified in our respective fields and have years of experience in the area of medical negligence. We seek justice and financial compensation for patients who feel that they have been the victim of medical neglect.

We recognise the dedication of those who serve in our hospitals and health service, but the reality is that our health system is so inadequate that many people find they have become victims of a particular consultant or the Health Service Executive itself. We are here to help.

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