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Hepatitis – can you claim compensation?

28th July 2016 was World Hepatitis Day and this year’s theme is ‘elimination’.

Last updated on August 16th, 2018 at 09:46 am

hepatitisWorld Hepatitis Day 2016 marks the fact that at the World Health Assembly Summit, which will take place in Sao Paulo, Brazil in May 2017, World Health Organisation (WHO) members will set targets to eliminate viral hepatitis as a public threat by 2030.   The day also kick-started NOhep, a global platform for people to speak out about hepatitis and contribute to the ambitious targets to be set next year.

What is hepatitis?

Hepatitis is inflammation of the liver, which can cause scarring and result in cirrhosis or liver cancer.  It is most commonly caused by hepatitis viruses known as hepatitis A, B, C D or E.

According to NHS.UK symptoms of hepatitis include:

  • muscle and joint pain
  • a high temperature
  • nausea and vomiting
  • malaise
  • itchy skin
  • jaundice (yellowing of the skin and eyes)

How is hepatitis contracted?

Hepatitis A and E can be contracted through the ingestion of contaminated food or water: often after travel abroad to places such as India, the Middle East or Africa.

Hepatitis B, C and D can be contracted through contaminated fluids, for example, from a contaminated blood specimen. Since September 1991 all blood used for transfusions is checked for hepatitis C, so the risk of contracting hepatitis in this way is minimal. However, if you received blood before September 1991 there is a risk that the blood could have been contaminated.

Can medical negligence result in contracting hepatitis?

Since 1991, there have been few reported cases of patients contracting hepatitis B, C or D through medical treatment or blood transfusions.  Sadly, however, we still hear of patients who have developed hepatitis due to medical negligence.

Can I claim compensation?

Nikki-Yavari-webIf you wish to make a claim for compensation for contracting hepatitis due to medical negligence, court proceedings must usually be issued within 3 years from the date of the contamination (limitation).  However, in some cases the limitation date will run from the date you first became aware of the contamination, which could be much later.

If you or someone you know has contracted hepatitis as a result of a blood transfusion or medical treatment, please contact one of our medical negligence experts who will be able to arrange a confidential meeting to discuss your case.

You can sign up to the NOhep movement at www.NOhep.org

By Nikki Yavari, medical negligence solicitor.

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