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Blood Incompatibility Lawsuits

Blood type incompatibility can occur when the blood type of a newborn differs from a mother’s blood type. In such cases, the maternal antibodies for ABO blood groups can pass through the placenta and into the fetal blood circulation and cause hemolysis—a destruction of the newborn’s red blood cells, possibly leading to severe anemia, hemolytic disease of the newborn (HDN), cerebral palsy or death.

In most pregnancies, a mother’s blood does not mix with the child’s. However, it can happen and antibodies can form, destroying blood cells, causing an increase of bilirubin and a baby may develop kernicterus or cerebral palsy.

Physicians and hospital staff should monitor all newborns for jaundice due to ABO or Rh incompatibility in order to prevent kidney failure, anemia, brain damage, kernicterus, cerebral palsy or death.

Joe Lyon is a highly-rated Cincinnati birth injury lawyer and medical malpractice attorney representing plaintiffs nationwide in blood incompatibility lawsuits.

Blood Incompatibility Complications

Blood contamination generally presents symptoms soon after a transfusion, and patients may have difficulty breathing, muscle pain, fever, chest pain, and jaundice. Incompatible blood type errors can lead to ABO incompatibility reactions, and lead to the following injuries:

  • Excessive bleeding
  • Increased blood clotting
  • Vital organ shutdown
  • Kidney failure
  • Stroke
  • Death

Blood Incompatibility Malpractice

  • Incorrect blood type analysis: lab tests may be incorrect or blood samples may be mislabeled
  • Incorrect blood product: Laboratory and hospital staff errors may lead to an incorrect blood product being dispensed
  • Improperly labeled blood products
  • Wrong patient transfusions
  • Expired blood products

Types of Blood Incompatibility

It is crucial in prenatal care to test for Rh incompatibility, a condition where a mother has Rh negative blood and the newborn has Rh positive blood. This is problematic because when a mother’s body does not recognize an Rh protein, it will treat it as a foreign substance, leading to severe health issues for the newborn.

hospital acquired infections blood incompatibility

A mother and newborn may also have an ABO blood type incompatibility, which can cause hemolytic disease. If a mother’s body does not recognize A or B antigens, it may trigger a dangerous immune response. Hemolytic disease of the newborn (HDN) compromises a newborn’s red blood cells, and can be life-threatening for the newborn. Rh incompatibility may cause brain damage that can lead to cerebral palsy.

Blood Incompatibility Lawsuits

Blood transfusions are often necessary, but if administered improperly, they may cause severe injury and death. Blood incompatibility errors are all preventable, and injured patients may file claims against the negligent parties to recover compensation for medical expenses, pain and suffering and lost wages.

Blood-related errors in hospitals may be the result of negligent nursing staff, mislabeled blood products, incomplete patient paperwork, or misidentifying a patient. Hospitals and medical facilities that facilitate such errors can be held liable in Medical Negligence for the injuries they cause.

photo of attorney Joe Lyon reviewing blood incompatibility cases
A Voice for Those who have suffered

Why are these cases important?

 When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care. 

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Questions about Medical Malpractice
What is a Medical Malpractice Lawsuit?

Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.

Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.

Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.

Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.

What is a “Never Event” in Hospital Care ?

The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.

Conditions that meet the three requirements for identification:

What if a hospital makes me an offer directly?

Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.

We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.

The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.

Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.

If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.

There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.

The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.

If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.

Why hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results 

Learn About the Medical Malpractice Legal Process

Video: Investigating Medical Malpractice

The process for investigating a medical malpractice claims involves the following steps: 

  1. Gather a full and informed history from the family addressing their concerns and thoughts on what went wrong; 
  2. Gather the complete medical records including film studies, if any; 
  3. Review of the records and applicable medical literature by attorneys; 
  4. Review of the records by a qualified physician practicing in the relevant areas on standard of care and causation; 
  5. Final consultation with expert to review opinions;
  6. Signing of Affidavit of Merit by the Expert before case filing, for cases where medical malpractice is identified. 
Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 



(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.


$910,000 Settlement.

(Cincinnati, Ohio):   Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged  future accountability.