Greater Awareness of Sepsis Needed

medical negligence & the diagnosis Sepsis

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Nicholas Leahy

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Greater awareness of Sepsis can lead to better outcomes

As medical negligence lawyers, we were particularly interested to hear about the steps responsible medical practitioners should take to identify Sepsis as early as possible and learn about how early identification and treatment can lead to better outcomes and avoid sepsis negligence claims.

What is Sepsis?

There is no accepted definition of sepsis, and the definitions used have changed many times over the years. However, Professor Klein of Great Ormond Street Hospital gave the most useful definition, and one which is most commonly used nowadays, as follows:

Sepsis is an acute, non-specific, generalised, whole body, inflammatory response to infection

It was interesting to learn that the infection itself is not the problem in patients with Sepsis (although the source of the infection does need to be controlled), but rather the body’s response to such infection. In the most severe cases, the body’s response can lead to multi-organ failure and even death.

Why is Sepsis so hard to spot?

Diagnosing sepsis early is challenging. Symptoms in the first 4–6 hours often mimic other common illnesses, like the flu or a cold. This makes it easy to overlook in general practice, where GPs may only see one sepsis case per year.

According to Dr Mike Ingram, GPs must:

  • Take and record key observations: Respiratory rate, blood pressure, temperature, pulse, and oxygen saturation can reveal early warning signs.
  • Compare observations: Looking at changes over time helps identify deterioration.
  • Trust their instincts: A GP’s ‘gut feeling’ that something is seriously wrong is often the most reliable warning.
  • Use sepsis toolkits: The Sepsis Trust provides structured guidance to help GPs identify and respond to sepsis.

Common GP failings in Sepsis cases

Dr Ingram highlighted frequent issues that could lead to medical negligence claims:

  • Failing to record or interpret vital signs correctly.
  • Mistaking symptoms for gastroenteritis without ruling out sepsis.
  • Lack of continuity of care when patients see different GPs.
  • Not listening to patient concerns (e.g., “I’ve never felt this unwell before”).
  • Over-relying on telephone consultations instead of in-person assessments.
  • Making premature diagnoses without adequate safety netting.

From a Claimant lawyer’s perspective and in light of the above, the client’s medical notes should be closely scrutinised to identify instances where a GP’s care can be said to have fallen below what can be reasonably expected.

The impact of Sepsis

Dr James Stone, Consultant Medical Microbiologist, explained the complex progression of sepsis. It affects multiple organs and accelerates quickly. Early treatment with antibiotics and IV fluids can be life-saving, but even delayed intervention can still improve outcomes.

US guidelines recommend starting IV antibiotics within one hour of recognising sepsis or septic shock. Delays increase both short-term and long-term complications.

Dr Stone also warned that causation in sepsis negligence claims can be difficult to prove, especially in non-fatal cases. Lawyers must build detailed timelines and consult medical experts to assess:

  • The bacteria’s growth stages (inoculation, lag phase, log phase).
  • The host’s inflammatory response and resulting tissue damage.

Defendants often argue that poor outcomes were inevitable due to:

  • Late presentation.
  • Pre-existing conditions.
  • Infection with rare or drug-resistant bacteria.

The importance of post-Sepsis care

Dr Carl Waldmann, an ICU Consultant, stressed that most sepsis patients require intensive care and organ support. Recovery doesn’t end at discharge. NICE guidelines now require that all ICU patients receive a structured rehabilitation plan.

Unfortunately, there is a nationwide gap in rehabilitation services. Dr Waldmann set up an ICU follow-up clinic in Reading to fill this gap, and other hospitals are now following suit.

From a legal perspective, it is essential to ensure that patients receive appropriate aftercare. Failure to arrange proper follow-up or rehabilitation can also form the basis of a negligence claim.

Real-life Sepsis case study: £70,000 settlement

Jodi Newton, Solicitor in our medical negligence team, recently settled a sepsis claim for £70,000. Our client underwent chest surgery but was discharged too early due to a mislabelled swab that showed signs of infection. Days later, he was readmitted with severe complications including brain abscesses. If the swab had been correctly labelled, intravenous antibiotics would have been administered, and he would likely have avoided permanent neurological damage.

Jodi commented:

Our client initially complained to the hospital; however, his complaint was generally rebuffed and he felt he had no alternative but to instruct solicitors. We obtained evidence from a cardio-thoracic surgeon, a microbiologist and a neurologist, who were all supportive of the claim. After we served a Letter of Claim, the Trust denied liability and we therefore served court proceedings, which were also defended.

We made an offer to settle this case. However, the Defendant responded by inviting our client to discontinue his case. About six months later, however, the case was successfully settled for a sum of £70,000 even though the Defendant continued to maintain its denial of liability.”

Raising awareness: The Sepsis Trust

One of the final talks of the afternoon was given by Liz Truss, a survivor of Sepsis and a volunteer for the Sepsis Trust, which exists to raise awareness of Sepsis. Liz gave the frightening statistic that over 40,000 people die as a result of Sepsis every year in the UK, and stressed the importance of always asking the question to medical professionals if you or a loved one suddenly becomes very unwell, “could it be Sepsis”.

Figures from The UK Sepsis Trust highlight that five people die from Sepsis every hour in the UK, and 40% of survivors are left with life-changing effects. For more information on how to spot the symptoms of sepsis, please visit their website.

Thinking about a Sepsis claim?

If you or someone you care for has suffered due to delays or errors in the diagnosis or treatment of sepsis, you may have grounds to bring a clinical negligence claim.

Contact Jodi Newton or another member of our medical negligence team. We will be happy to have a confidential conversation with you and advise you of any next steps. Contact us by:

  • Filling in our online enquiry form; or
  • Calling us on 020 7485 8811

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