Sepsis Claims

What is sepsis and how can it lead to a medical negligence claim

Sepsis is a serious and potentially fatal condition that can develop when the body responds aggressively to an infection. If not diagnosed and treated quickly, it can lead to organ failure, long-term health complications, or death. Patients who have suffered harm due to delays in diagnosing or treating sepsis, or where sepsis was caused by poor medical care, may be entitled to bring a clinical negligence claim.

What are common causes of sepsis?

Sepsis can be caused any type of infection including bacterial, viral and fungal infections. Sepsis is susceptible to misdiagnosis because many symptoms are similar to less serious conditions such as flu or chest infections. Certain types of infections are more commonly linked to sepsis, including:

• Lung infections, such as pneumonia
• Kidney, bladder and urinary tract infections
• Infections in the gut
• Infected blood
• Wounds and burns

Related reading: Greater Awareness of Sepsis Needed

Can I claim compensation for sepsis negligence?

Yes, you may be able to make a negligence claim if your sepsis was misdiagnosis. Have you or someone close to you  suffered long-term consequences due to an inadequately treated infection? Has someone has someone died that could have otherwise lived if the infection had been spotted on time. If medical negligence has resulted in injury or death, you may be able to claim compensation for medical negligence.

For sepsis claims to be successful, it must be shown that a duty of care was owed to the patient and that duty of care was breached, for whatever reason, resulting in harm. For example, if test results were misinterpreted or you were discharged despite showing clear symptoms.

How much compensation can you get for sepsis?

Compensation amounts for sepsis claims can vary significantly based on individual circumstances. Several factors are considered to determine the settlement amount. These include the severity and impact of the injury, loss of earnings, future care needs, and any additional expenses incurred due to the negligence. Read our guide to NHS compensation payouts for more information.

How do you make a sepsis negligence claim?

Making a sepsis claim can be complex and challenging, so it is vital to consult with a specialist clinical negligence solicitor to guide you through the process effectively.

1. Contact us for expert advice

We offer a free initial consultation to assess whether you have a strong sepsis negligence case. Meetings can take place at our offices, your home, or in hospital, wherever is most convenient.

2. Investigate your case

We will gather your medical records, take a detailed statement from you, and arrange independent medical reports to prove that negligent care caused or worsened your sepsis.

3. Build your claim

We’ll send a Letter of Claim to the NHS Trust or private provider, setting out the allegations. They must respond within four months.

4. Negotiate or go to court

If they accept responsibility, we will negotiate a settlement. If they deny fault, we are ready to issue court proceedings and fight for the compensation you deserve.

How long after contracting sepsis can I make a claim?

You usually have three years to bring a sepsis claim, either from the date the negligence occurred or when you first became aware of it. This is known as the limitation period under The Limitation Act 1980.

Calculating the limitation period can be complicated, particularly when working out the “date of knowledge,” so it’s vital to seek expert legal advice. Missing the deadline means you could lose the right to claim forever.

Can you make a no win no fee sepsis claim?

Yes, most sepsis claims are funded on a no win no fee basis, so there’s no financial risk to you.

Real life examples of sepsis cases

Toddler discharged with antibiotics

The actor Jason Watkins recently shared a devastating story about his two-year-old daughter. Toddler Maud had been suffering from a sore throat and shortness of breath. Her parents took her to hospital on two occasions, but she was discharged home with antibiotics. Sadly, she died during the night in her bed. The cause was sepsis.

11-year-old dies of septic shock

In another harrowing story, an 11-year-old boy injured his ankle while dancing. Shortly afterwards, he developed a fever. Over the next few days, his condition worsened, and he died from septic shock. The NHS Trust admitted that ‘early signs of sepsis’ were evident on his visit to the hospital and that if he had been treated promptly, he would likely have survived.

Strep A fatal for 14 care home residents

In September this year, it was confirmed by NHS Mid Essex that 14 people have now died from Strep A infection. In total 37 people in the area have been infected, with symptoms ranging from a simple sore throat, to a high fever and vomiting. All affected are elderly and most were receiving treatment for wounds, either in care homes or in their own homes. It is thought that the infection may have been spread by unknowingly contaminated health care workers who were treating the wounds.

Why choose Osbornes Law for your sepsis claim?

• We will review your potential sepsis claims by advising you on suing the NHS for negligence or other alternative procedures if your case does not relate to NHS care and treatment.
• We will not charge a fee for our time in reviewing your case.
• We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
• We will advise you of the course of action with respect to your case.

If you think you may have a case for compensation due to medical negligence, please contact our specialist team. We are ready to hear from you, and we want to help.

• Call 020 7485 8811, or
• Complete our online contact form.