The short answer
Yes, if the doctor or hospital did not look for a clot the way competent practice required, and finding it then would probably have avoided some or all of the harm that followed.
General information only — this article is not legal advice.
A missed deep vein thrombosis (DVT) or pulmonary embolism (PE) is not negligence on its own, because the symptoms are non-specific and most people checked for a clot turn out not to have one. What an expert looks at is the pathway. The 2019 Australian and New Zealand guidelines say a clot is diagnosed with imaging, and can be ruled out by a probability score that is not high, such as a Wells score, together with a negative D-dimer blood test, or by a negative scan such as an ultrasound or CTPA. If the symptoms were put down to anxiety or a strained muscle without that pathway, section 59 of the Wrongs Act 1958 (Vic) asks whether that was widely accepted practice. Adults in Victoria generally have three years from when the claim is discoverable.
| What an expert asks | Points away from a claim | Points towards investigating |
|---|---|---|
| Was a clot considered? | The notes show a clot was thought about and a reason recorded for ruling it in or out | Leg or chest symptoms recorded with no mention of a clot anywhere |
| Was the probability scored? | A Wells or Geneva score is recorded, with a D-dimer or scan as the result called for | No score recorded, or a score treated as enough on its own |
| Was the test result acted on? | A positive D-dimer followed by an ultrasound or CTPA | A raised D-dimer with no scan, or a scan requested and never done |
| Was the other diagnosis tested? | Anxiety or muscle strain diagnosed after a clot was excluded | Anxiety or muscle strain diagnosed first, and the clot never checked for |
| Would earlier diagnosis have changed the outcome? | An expert says treatment at the first visit would probably not have changed what happened | An expert says earlier treatment would probably have avoided some or all of the harm |
These are the questions an expert works through. The table does not tell you whether you have a claim, and it is not medical information.
If you have symptoms now, this page can wait. Call 000 or go to the nearest emergency department.
If you are reading this afterwards, you may have been told at the first visit that it was a pulled muscle, a panic attack or nothing serious, and learned days later that it was a clot. Asking whether that should have been picked up is a reasonable question, and it has a structure. This page covers missed clots specifically. Misdiagnosis and delayed diagnosis claims sets out the general rules for any missed diagnosis.
Is a missed blood clot always negligence?
No. The 2019 guidelines from the Thrombosis and Haemostasis Society of Australia and New Zealand, summarised in the Medical Journal of Australia, say that "symptoms of VTE are non-specific" and that "only about 20% of patients with clinically suspected VTE have it objectively confirmed". VTE, or venous thromboembolism, is the umbrella term for DVT and PE. A clot can be missed without anyone falling below the standard of care.
Section 59 of the Wrongs Act says a professional is not negligent if they acted in a manner that, at the time the service was provided, was widely accepted in Australia by a significant number of respected practitioners in the field as competent professional practice. A court can set that peer opinion aside if it finds it unreasonable. The question is what was accepted practice on the day, based on what was in front of the doctor then, not what everyone knows after the scan.
What is a doctor expected to do when a clot is possible?
Clinical guidelines are not law, but they are strong evidence of what competent practice looks like. The same guidelines say that "the diagnosis should actively be sought once considered", and set out a pathway an expert is likely to measure the care against.
- A clinical probability score. Tools such as the Wells score or the Geneva score estimate how likely a clot is. The guidelines say these "scores alone cannot safely exclude VTE and must be used in combination with D-dimer testing".
- A D-dimer blood test. The guidelines say that "a non-high pre-test probability (Wells or Geneva score) combined with a negative D-dimer result safely excludes VTE without imaging".
- A rule-out checklist in limited cases. The PE rule-out criteria, known as PERC, can exclude PE without further testing in selected patients. The guidelines limit this to people under 50 in settings where PE is uncommon.
- Imaging to make the diagnosis. The guidelines say that "the diagnosis of VTE should be established with imaging". For DVT, "a single negative complete ultrasound is sufficient to exclude DVT". For PE, "a normal VQ scan or a negative technically adequate CTPA excludes PE". CTPA is a CT scan of the arteries in the lungs.
The guidelines say their diagnostic algorithms are designed for outpatient and emergency department assessment, not for patients already in hospital. Which guideline applied, and which version was current on the day, is something an expert will check.
For background on the symptoms, healthdirect lists sudden or worsening breathlessness, chest pain that may be worse with deep breaths, palpitations, fast breathing and heart rate, a cough or coughing up blood, and fainting or light-headedness as symptoms of PE. The Better Health Channel describes DVT as usually affecting one leg, with pain, cramping, tenderness, swelling and warm skin. Neither list is a way to rule a clot in or out, and neither is medical advice.
What if it was put down to anxiety, a panic attack or a pulled muscle?
Breathlessness, a racing heart and chest tightness can come with anxiety. Calf pain and cramping can come with a strained muscle. That overlap is the reason the pathway exists. A diagnosis of anxiety or muscle strain is not negligent just because a clot was found later.
What an expert asks is the order things happened in. Was a clot considered and excluded, with a score, a D-dimer or a scan, before the other diagnosis was made? Or was the other diagnosis made first, so the clot was never looked for? A record that says "anxiety" with no probability score, no D-dimer and no scan tells an expert something different from a record showing a low score and a negative D-dimer before the same diagnosis.
The records often decide this. The triage note, observations such as heart rate and oxygen levels, the doctor's notes, any test ordered and its result, and the discharge advice all show what was considered. If you went back, the second visit matters too. A return with the same or worse symptoms may be something an expert expects a doctor to take into account.
Would finding the clot earlier have changed the outcome?
This is usually the hardest part of the claim. Proving that a clot should have been found is only half of it. You also have to prove that the delay caused harm.
Section 51 of the Wrongs Act requires the negligence to have been a necessary condition of the harm. In Tabet v Gett [2010] HCA 12, the High Court held that a lost chance of a better outcome, where the chance was less than probable, is not damage the law compensates. So the expert question is specific. If the clot had been diagnosed and treated at the first visit, would the harm that followed, such as a PE, lasting damage to the lungs or leg, or a death, probably have been avoided?
That is a question for independent medical experts, often more than one: someone to speak to the standard of care at the first visit, and someone to speak to how the clot would probably have behaved with earlier treatment. Their answer depends on the timeline, so the exact times in the records matter.
What if the clot should have been prevented in hospital?
That is a different question from a missed diagnosis. A clot that forms after surgery or during a hospital stay raises whether the hospital assessed the risk and used appropriate prevention, rather than whether it recognised the clot.
The Australian Commission on Safety and Quality in Health Care publishes the Venous Thromboembolism Prevention Clinical Care Standard (2020). Its stated goal is "to reduce avoidable death or disability caused by hospital-acquired VTE through improved identification of patients who are at risk, assessment of VTE and bleeding risk, and appropriate use of VTE prevention methods". The Commission says the Standard is under review. In Victoria, Safer Care Victoria's Victorian Guideline for the Prevention of Venous Thromboembolism in Adult Hospitalised Patients (October 2023) applies to adults aged 16 and over admitted to hospital. An expert asked about a hospital clot is likely to look at both.
What if the person died?
A PE can be fatal. If someone close to you died after a clot was missed, the claim is brought by the family and the estate, under different rules from a claim by the patient. The death may also be reported to the coroner. Compensation when medical negligence causes a death explains who can claim, the coroner's role, and the separate time limits.
How long do you have to claim?
For an adult, section 27D of the Limitation of Actions Act 1958 (Vic) allows three years from the date the claim is discoverable, with a long-stop of twelve years from the act or omission. In a missed diagnosis, the claim often becomes discoverable around the time the clot is found and you learn it could have been found earlier, rather than on the day of the first visit. Different rules apply to children and to claims after a death. Time limits for medical negligence claims sets out the rules and how an extension works.
Who do you claim against?
It depends on where the care happened. If the clot was missed in a public hospital emergency department, the claim is generally against the health service, not the individual doctor. Suing a Victorian public hospital explains how that works, and whether to complain first. If it was missed by a GP or at a private clinic, the claim is generally against the doctor or the practice, and their insurer responds to it.
What records show what happened?
The claim is built from the timeline, so the first step is the complete file from every visit, not only the discharge summary. That usually includes the triage note and its time, the observation charts, the doctor's notes, any probability score, the D-dimer request and result, imaging requests and reports, the discharge advice, and the full record of the visit at which the clot was found. How to get your medical records in Victoria sets out how to ask. Writing down your own recollection of times, symptoms and what you were told, while it is fresh, can also help.
If you want the records and the timeline looked at, start a free assessment. If you do not have the records yet, that is no reason to wait. You will be told what to request and from whom.
Common questions
Can you claim if a blood clot was missed and you were sent home from hospital?
Yes, if the care at that visit fell below what was widely accepted as competent practice at the time, and diagnosing the clot then would probably have avoided some or all of the harm that followed. Both parts must be proved with independent expert evidence. A delay that might only have made a difference is generally not enough in Australian law.
Is it negligence if a pulmonary embolism was misdiagnosed as anxiety?
Not automatically. The symptoms of a pulmonary embolism overlap with anxiety, and the Australian and New Zealand guidelines say the symptoms of a clot are non-specific. What an expert examines is whether a clot was considered and excluded, with a probability score, a D-dimer test or a scan, before anxiety was diagnosed. A diagnosis made without that step is more likely to be questioned.
What tests should rule out a DVT or pulmonary embolism?
The 2019 Thrombosis and Haemostasis Society of Australia and New Zealand guidelines say a clot is diagnosed with imaging. It can be ruled out by a probability score that is not high, such as a Wells score, combined with a negative D-dimer, by a negative complete leg ultrasound for DVT, or by a negative CTPA or normal VQ scan for PE. Whether those steps were needed in a particular case is a question for an expert.
How long do you have to claim for a missed blood clot in Victoria?
For an adult, section 27D of the Limitation of Actions Act 1958 (Vic) allows three years from the date the claim is discoverable, with a twelve-year long-stop from the act or omission. Different rules apply to children and to claims brought after a death, and a court can extend time in some cases.
Sources
Legislation was checked on legislation.vic.gov.au on 29 September 2026: the Wrongs Act 1958 (Vic) at version 130 (in force from 25 February 2026) and the Limitation of Actions Act 1958 (Vic) at version 112 (in force from 25 February 2026).
- Wrongs Act 1958 (Vic) — sections 51 and 59
- Limitation of Actions Act 1958 (Vic) — section 27D
- [High Court of Australia, Tabet v Gett [2010] HCA 12](https://www.hcourt.gov.au/sites/default/files/eresources/2010/HCA/12.pdf)
- Tran HA, Gibbs H, Merriman E, et al. New guidelines from the Thrombosis and Haemostasis Society of Australia and New Zealand for the diagnosis and management of venous thromboembolism. Med J Aust 2019; 210(5): 227–235
- Thrombosis and Haemostasis Society of Australia and New Zealand, The Diagnosis and Management of Venous Thromboembolism guidelines (2019)
- Australian Commission on Safety and Quality in Health Care, Venous Thromboembolism Prevention Clinical Care Standard (2020)
- Safer Care Victoria, Victorian Guideline for the Prevention of Venous Thromboembolism in Adult Hospitalised Patients (October 2023)
- healthdirect, Pulmonary embolism (reviewed May 2025)
- Better Health Channel, Deep vein thrombosis