Medical Negligence Claims Involving Deep Vein Thrombosis (DVT): Lessons from a Preventable Death
By Lauren Muir
Deep Vein Thrombosis (DVT) and its potentially fatal complication, pulmonary embolism (PE), remain significant patient safety concerns across the NHS. While both conditions are often successfully treated when identified early, failures in diagnosis, treatment or ongoing management can lead to serious and sometimes avoidable harm.

At Switalskis, we support individuals and families affected by failures in medical care, including cases involving delayed diagnosis of DVT, missed pulmonary embolisms and errors in anticoagulation management. Clinical negligence claims relating to DVT often arise when warning signs are missed, risk factors are not recognised, or appropriate treatment is delayed.
DVT occurs when a blood clot forms in a deep vein, usually in the leg. If part of that clot breaks away and travels to the lungs, it can cause a pulmonary embolism, which is a life-threatening medical emergency.
Common symptoms include:
- Leg pain or swelling
- Redness or warmth in the affected area
- Shortness of breath
- Chest pain (in cases involving PE)
Prompt diagnosis and treatment are essential. In many cases, anticoagulant medication can significantly reduce the risk of complications. However, when symptoms are not recognised or treatment is not appropriately managed, the consequences can be devastating.
The Scale of the Problem
Venous thromboembolism (VTE), which includes both DVT and pulmonary embolism, affects around 1–2 per 1,000 people across the UK each year. Despite improvements in prevention and awareness, avoidable harm continues to occur when opportunities to diagnose or treat patients are missed.
Recent national patient safety investigations have highlighted ongoing concerns around anticoagulant management within the NHS. In 2025, the Health Services Safety Investigations Body (HSSIB) published a report examining the prescribing and administration of anticoagulant medication around clinical procedures.
The investigation found that patients were being exposed to unnecessary risks where anticoagulant medication was delayed, paused inappropriately or not restarted when required. The report identified issues including poor communication between healthcare teams, limited access to key clinical information and inconsistencies in prescribing processes.
These findings demonstrate that while DVT and pulmonary embolism are well-understood conditions, failures in systems, communication and clinical decision-making can still place patients at risk.
Importantly, negligence does not always result in death. Delayed diagnosis or treatment can also lead to long-term complications, ongoing health problems and a significant impact on a person's quality of life.
When Does a DVT Case Become Clinical Negligence?
Not every poor outcome will result from negligence. However, when healthcare professionals fail to provide an appropriate standard of care and that failure causes avoidable harm, a clinical negligence claim may arise.
In DVT and pulmonary embolism cases, common failings can include:
- Failure to recognise symptoms or risk factors
- Delays in referral for further assessment or treatment
- Failure to investigate suspected DVT or pulmonary embolism
- Inappropriate prescribing of anticoagulant medication
- Failure to adequately monitor treatment
- Failure to make reasonable adjustments for vulnerable patients
To bring a successful clinical negligence claim, it is generally necessary to establish:
- Breach of duty – that care fell below a reasonable standard, and
- Causation – that the breach led to injury or death that would otherwise have been avoided
Case Summary: The Death of Myles Scriven
A recent case involving 31-year-old Myles Scriven provides a stark illustration of how multiple failings can culminate in tragedy.
Myles, an autistic man with learning disabilities, first became unwell in August 2022. He presented with symptoms consistent with DVT and was diagnosed with a blood clot. He was prescribed Rivaroxaban, an anticoagulant, but his condition did not improve.
A consultant subsequently sought advice from a haematology specialist, who recommended switching Myles to an alternative anticoagulant, Warfarin. However, this recommendation was overruled by another consultant on the basis that Myles might struggle with compliance due to his disabilities. As a result, he remained on the original medication.
Missed Opportunities in Care
In March 2023, Myles’ symptoms returned, including breathing difficulties. Despite his known communication challenges, he was assessed via telephone consultation rather than being seen face-to-face. He was not referred to hospital, despite clear warning signs and a history of previous clots. Even when he later attended an in-person GP appointment, no urgent referral or appropriate investigations were carried out.
Myles’ condition deteriorated significantly, and he collapsed. While being transported to hospital by ambulance, he suffered a cardiac arrest and tragically died.
At the inquest in July 2025, the coroner found that Myles’ death was avoidable and the result of multiple missed opportunities. Medical professionals were criticised as being “blind” to his needs, particularly in failing to make appropriate adjustments for his learning disabilities.
Crucially, expert evidence confirmed that had Myles been referred to hospital when his symptoms re-emerged, he would, on the balance of probabilities, have survived.
A Regulation 28 Prevention of Future Deaths report was issued, highlighting systemic concerns in patient care.
Myles’ case demonstrates the critical nature of timely referral when symptoms suggest potential PE. Failure to escalate care in the presence of known risk factors can be fatal.
Myles’ family, supported by Chris Gresswell-Green, Director and medical negligence expert at Switalskis, are determined to get answers and ensure improvements are made to protect other patients. Chris has written to NHS executives at both Calderdale Royal Hospital and Dalton Surgery to establish what improvements have been made to ensure similar failings can never happen again.
Bringing a DVT Medical Negligence Claim
DVT negligence cases often involve a series of failings rather than a single mistake. Delays in diagnosis, failures to investigate symptoms, communication breakdowns and treatment errors can occur across multiple healthcare settings, including GP practices, hospitals and emergency services.
For patients and families affected by failures in care, pursuing a clinical negligence claim can help to:
- Provide answers about what happened
- Establish whether mistakes were made
- Secure compensation for the harm caused
- Promote learning and accountability within healthcare services
How Switalskis Can Help
DVT and pulmonary embolism are serious medical conditions with well-established diagnostic and treatment pathways. When those pathways are not followed, the consequences can be life-changing.
At Switalskis, we continue to support individuals and families affected by failures in the diagnosis, treatment and management of DVT and pulmonary embolism. Our specialist clinical negligence team has extensive experience investigating cases involving delayed diagnosis, missed warning signs, failures in referral and errors in anticoagulation management.
If you are concerned about the care you or a loved one received, we are here to listen, answer your questions and help you understand your options.
Find out how Switalskis can help you
Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.



