If I have a history of DVT and my doctor took me off the blood thinner weeks after my last surgery but several months later I developed a new blood clot, is the doctor at fault?

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If I have a history of DVT and my doctor took me off the blood thinner weeks after my last surgery but several months later I developed a new blood clot, is the doctor at fault?

Asked on June 18, 2015 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The doctor *may* be at fault if--

1) taking you off the blood thinner caused you to develop the clot--there must be a causal link; and

2) it was unreasonable, negligent, careless, or against current medical practice to take you off blood thinner weeks after a surgery if you had a history of DVT--if it was within normal accepted medical practice, it would not be wrong (or malpractice) to have taken off the blood thinner.

Even if the doctor was at fault, you can only (in  a legal action) recover compensation the actual additional costs and lost income, plus, for serious injuries causing months or more impairment, some amount for "pain and suffering." If, as we hope, the clot was treated relatively easily, with few if any consequences, there is little or no compensation to which you'd be entitled.


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