Blood Transfusion Mistakes
There are several risks associated with blood transfusions. One possible risk is an immune-related reaction in which the patient's immune system attacks the blood being transfused or sets off an allergic reaction. This is sometimes the result of an error in matching the patient's blood type to the transfused blood. The transfusion can cause the destruction of transfused platelets, a nonhemolytic fever reaction, hemolytic transfusion reactions, or an acute lung injury. At Feizy Law Office, our medical malpractice lawyers may be able to help individuals in Dallas and the surrounding cities pursue damages when a health care provider has acted carelessly.Seeking Damages for a Blood Transfusion Error
Generally, blood transfusions are performed using donated blood. Both the donor and the patient are supposed to be carefully screened, including for illnesses like HIV. However, in some cases, blood is improperly stored, labeled, or handled. When a blood transfusion is inappropriate, a patient may become seriously ill or even die. However, not all blood transfusions that cause an adverse reaction are the result of medical malpractice.
Medical malpractice happens if a health care professional or entity negligently hurts a patient while treating him or her. A plaintiff will need to show that a health care professional breached the applicable duty of care owed to a patient and that the breach caused an injury. Generally, the duty owed is determined by several factors, including the specific health condition and the patient's age and geographic region. If the health care professional made a mistake in matching blood types, and the patient is seriously injured or killed, it is likely medical negligence. In some cases, the storage facility makes a mistake in labeling. If no health care professional was involved, there may be a basis for a negligence claim rather than a medical malpractice claim.
If the blood transfusion happens in the context of emergency room care, a plaintiff suing for medical malpractice needs to prove "willful and wanton" negligence. This requires more evidence than a case of simple negligence.
To bring a medical malpractice claim, you will need to provide an expert report. Under Texas law, an expert is only qualified to provide an opinion about the standard of care or causation if the expert is a practicing physician either at the time of the error or the time of the testimony, knows the accepted standards of care, and is qualified because of training or experience. Shortly after the lawsuit is filed and answered, you will need to have a qualified expert provide a written report on standard of care, breach, and causation.
If you successfully prove medical malpractice, you may be entitled to compensatory damages, including medical bills, lost wages, and pain and suffering. There is a $250,000 cap on non-economic damages (like pain and suffering) for all individual health care providers and a $250,000 cap on non-economic damages for each hospital with liability, with a total $500,000 cap on non-economic damages from the group of hospitals or other institutions.Enlist an Experienced Dallas Lawyer for Your Injury Claim
Patients who have been harmed by a blood transfusion mistake at a hospital in the Dallas area should consult a knowledgeable injury attorney for assistance with their legal options. Call Feizy Law Office at (214) 651-8686 or use our online form to set up a free consultation. We also represent injured individuals in Fort Worth, Arlington, Irving, Garland, and Plano, among other Texas cities.