Sepsis compensation claims

If you have suffered from sepsis as a result of medical negligence, contact us today to find out if you can make a sepsis compensation claim.

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sepsis claims

Sepsis Claims

Sepsis is a serious medical condition that occurs when the body’s immune system has an exaggerated reaction to an infection. This results in an inflammatory response throughout the body, which can have devastating consequences for a patient’s health. In the most severe cases, it can even be fatal.

Sepsis can be triggered by infections in any part of the body, including the lungs, urinary tract, and skin. Medical professionals are expected to recognise the signs of sepsis and treat it efficiently before it progresses to septic shock. Failure to do so that results in harm or injury to the patient would entitle them to pursue a sepsis compensation claim.

If you or a loved one suffered due to substandard medical care and you want to make a claim, call 0800 470 0474 or enter your details here for a free case assessment.

Find out if you can claim

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Am I eligible to make a sepsis compensation claim?

    You can find out within minutes if you are eligible to make a claim and how much compensation you could receive through a free consultation with a personal injury lawyer. To have a valid medical negligence case, they will have to be able to prove the following:

    A duty of care

    It comes as a given that all healthcare professionals, such as doctors and nurses, owe patients a duty of care. This is a legal obligation to deliver care that meets the acceptable standards of practice established by bodies such as the National Institute for Health and Care Excellence (NICE).

    A breach of duty

    Next, your lawyer must establish that your healthcare provider has failed to meet the standard of care expected of them. This means their actions or omissions fell below the accepted standard, which could mean they:

    • Have been unable to recognise the signs of infection or sepsis.
    • Have delayed referring you for tests or specialist care.
    • Offered you inadequate or inappropriate treatment.

    Causation

    To have a valid claim, it is not enough to prove a breach of duty. You must also be able to show that there is a direct link between it and the harm you suffered. This means proving that the negligence directly caused or worsened the sepsis and the resulting complication. You do not have a valid case if you cannot do this.

    Damages

    Finally, you must be able to prove the harm you suffered due to the medical mistakes, which could include physical, emotional and financial losses, such as:

    • Organ failure or amputations
    • PTSD, anxiety or depression
    • Loss of earnings, medical expenses or care costs

    You will need various types of evidence to prove these elements, such as medical records, expert testimony, receipts and payslips. Below, you can read more about making a claim for sepsis and the compensation you could receive.

    What is sepsis?

    Sepsis, also known as blood poisoning or septicaemia, is a life-threatening condition that occurs when the immune system has an exaggerated response to an infection. Normally, the body responds to infections at the site of injury, which can lead to pain, redness, swelling and warmth in the affected area. The response is localised and appropriate to the level of threat.

    When sepsis occurs, the immune response is dysregulated and affects the entire body. This leads to widespread inflammation that can cause blood clotting and damage to tissues and organs. If not treated properly, sepsis can progress to septic shock, which is characterised by dangerously low blood pressure and severe organ damage and can lead to death in as little as 12 hours.

    According to the UK Sepsis Trust, 245,000 people are affected by the condition each year in the UK, leading to 48,000 deaths. Globally, there are 11,000,000 deaths caused by sepsis each year, making it more deadly than cancer. Sadly, many of these deaths could be prevented through a timely diagnosis of sepsis and adequate treatment.

    The most common signs and symptoms of sepsis

    Sepsis can affect various body parts, leading to different symptoms that can vary depending on the severity of the condition. The early signs and symptoms of sepsis often include:

    • A body temperature that is higher or lower than normal
    • A rapid heartbeat and breathing faster than usual
    • Chills or shivering despite being in a warm environment
    • Feeling unusually tired or weak
    • Decreased urination or dark, concentrated urine
    • Sweating for no apparent reason

    In newborns and young children, sepsis symptoms may be more challenging to recognise and could include:

    • Irritability or lethargy
    • Fever or low temperature
    • Difficulty breathing or rapid breathing
    • Poor breastfeeding or refusal to eat
    • Pale or blotchy skin
    • A weak cry compared to the usual
    • Seizures
    • Vomiting or diarrhoea
    • Abdominal swelling

    If not treated at an early stage, sepsis can quickly worsen and eventually advance to septic shock. You should call 999 or go to the A&E immediately if you or a loved one have the following symptoms:

    • Extreme pain or discomfort
    • Did not pee all day or in the past 12 hours (for babies and children)
    • Have a very high or low temperature
    • Have difficulties breathing
    • Are not able to stand up
    • Have a hard time staying awake
    • Changes in mental status, such as confusion or slurred speech
    • Blue or very pale skin
    • Very low blood pressure

    Septic shock, the life-threatening stage of sepsis, can lead to severe complications such as stroke, respiratory distress and multiple organ failure.

    What are common causes of sepsis?

    Sepsis occurs when the body’s immune system has an exaggerated reaction to an infection and leads to widespread inflammation, which could cause severe organ damage and death.

    The leading cause of sepsis is bacterial infections, but it can also be due to fungal and viral infections. The most common ones include:

    • Lung infections such as pneumonia
    • Urinary tract infections, especially when the kidneys are involved
    • Skin infections from wounds or conditions such as cellulitis
    • Abdominal infections such as appendicitis, peritonitis or gallbladder issues
    • Bloodstream infections such as bacteraemia
    • Infections in the brain or spinal cord
    • Viral infections such as influenza, COVID or herpes
    • Fungal infections such as candidiasis

    If you believe you may have an infection, you should see your GP or the hospital as soon as possible. Early treatment is essential to ensure a timely recovery and prevent complications such as sepsis.

    Who is most at risk of sepsis?

    Sepsis can affect anyone, but people who have a bacterial infection and the risk factors mentioned below are more likely to get it:

    • Newborns and infants who have an immature immune system
    • Babies whose mothers had an infection during pregnancy
    • People with weakened immune systems, such as those with HIV or treated for cancer
    • People suffering from chronic health conditions such as diabetes
    • Individuals over 75
    • Those suffering from genetic disorders that affect their immune system, such as Down syndrome
    • Anyone who has had an invasive medical device such as a catheter, breathing tube or IV
    • Patients who have recently had surgery or suffered a severe injury or illness
    • Those who are taking corticosteroids, which can lower the immune response
    • People who have been admitted to intensive care or had a more extended hospital stay
    • Individuals who took antibiotics in the last 90 days
    • Women who have had an abortion, miscarriage or had just given birth

    While anyone can develop sepsis, recognising these risk factors is critical for early intervention and prevention. If a high-risk individual shows signs of infection or worsening symptoms, immediate medical attention is essential.

    How is sepsis diagnosed and treated?

    If you experience any warning symptoms, such as a fever, rapid heartbeat or chills, you should seek medical advice as soon as possible, especially if you have any of the risk factors mentioned above.

    If your doctor suspects sepsis, they will carry out several tests to confirm the diagnosis, such as:

    • A clinical evaluation of your symptoms and vital signs, such as blood pressure, breathing rate, temperature, heart rate and your level of consciousness;
    • Blood tests to check for signs of infections, such as white blood cell counts, clotting problems, oxygen levels and electrolyte imbalances;
    • Tests to evaluate kidney, liver and heart function;
    • Cultures from blood, urine or sputum to identify the type and location of the infection;
    • Imaging studies such as X-rays, ultrasound or CT scans help detect pneumonia and infections in soft tissues and other locations that may not be obvious;
    • A lumbar puncture to test cerebrospinal fluid for signs of meningitis.

    If sepsis is confirmed, most patients will be admitted to the hospital for close monitoring. Treatment needs to begin immediately and could involve:

    • Intravenous broad-spectrum antibiotics are often used first until test results show precisely what germ is causing the infection, which will afterwards be adjusted to target the specific organism;
    • Intravenous fluids help improve circulation, maintain blood pressure and support organ function;
    • Medication such as vasopressors to help increase blood pressure, painkillers, insulin for high blood sugar levels or corticosteroids to reduce inflammation;
    • Oxygen therapy may be necessary for severe respiratory issues;
    • Dialysis for kidney failure or blood transfusions to address clotting problems or low blood cell counts;
    • Surgical intervention to remove dead tissue in case of severe sepsis or septic shock.

    After recovery from sepsis, you may also need physical therapy to regain strength and mobility or psychological support to address symptoms such as anxiety or depression. In severe cases, you may require long-term care and regular follow-ups.

    What complications can be caused by sepsis?

    Sepsis is a medical emergency that could cause various complications, even if treatment starts right away. These include:

    • Septic shock, a severe drop in blood pressure;
    • Failure of organs such as the kidneys, heart, lungs or liver;
    • Blood clotting issues, which can increase the risk of severe bleeding;
    • Cell and tissue death (necrosis) due to insufficient blood flow can lead to amputations;
    • Cognitive impairment and neurological issues, such as memory loss;
    • Acute respiratory distress syndrome (ARDS);
    • Severe sepsis can also lead to deaths, especially without timely intervention.

    Most people will make a full recovery from sepsis, but this could take months or even years. Some long-term issues that it could cause include:

    • Flashbacks and nightmares
    • Post-traumatic stress disorder (PTSD)
    • Mood changes, anxiety and depression
    • A lack of appetite
    • Chronic pain and fatigue
    • Muscle weakness and aches
    • Shortness of breath
    • Difficulty sleeping
    • Recurring illnesses
    • Weight and hair loss
    • Difficult concentrating and cognitive decline

    The consequences of sepsis can also affect your relationships and can lead to financial strain due to care costs and inability to work. If you have suffered avoidable harm due to a wrong sepsis diagnosis or incorrect treatment, an experienced lawyer could help you claim compensation for your pain and suffering.

    How do I make a claim for medical negligence?

    Making a successful claim for a missed sepsis diagnosis or inadequate treatment involves several key steps:

    1. Contact a legal adviser for a free consultation to discuss your case and evaluate your chances of winning compensation.
    2. If your case has merit, they will pair you with a specialist negligence solicitor who will help you make a no win no fee claim, so there is no financial risk.
    3. Your solicitor will request copies of your medical records and help you collate any other evidence you need to support your case.
    4. You will undergo a free medical assessment with an independent expert to help confirm that your treatment was below the acceptable standard and determine your future care needs.
    5. The defendant will receive a letter of claim outlining your allegations of negligence.
    6. You will receive a letter of response within four months, which is how long the defendant has to investigate and respond to your allegations.
    7. If the other side admits liability, which often happens, you will negotiate a settlement for the losses you incurred due to their substandard care.
    8. If liability is denied, your solicitor will be prepared to issue court proceedings and argue your case before a judge.
    9. If you win the claim, you will receive your compensation within four weeks.

    To start your claim, call 0800 470 0474 today for your free case assessment or request a callback.

    Evidence needed to support a sepsis negligence claim

    To support your claim, you must gather compelling evidence showing how the healthcare provider breached their duty of care and how this directly caused harm. Examples include:

    • Detailed medical records from the hospital, including doctor’s notes, admission details, test results and treatment plans;
    • Photographs or videos of physical symptoms and injuries resulting from the delayed diagnosis, such as surgical incisions or amputations;
    • A review from a medical expert about the standard of care you received and the long-term effects of the negligence;
    • Statements from friends, family and others who have witnessed your condition and its impact on your life;
    • Any correspondence between you and your healthcare provider or the hospital, such as emails or recorded conversations;
    • A copy of a formal complaint filed with the responsible party and their response;
    • Evidence of psychological impact from a mental health specialist;
    • Your testimony about the timeline of events, including the symptoms you reported, how you were treated and how the sepsis has affected your life;
    • You also need financial records to prove your losses and expenses, such as medical costs and lost earnings during recovery.

    What types of medical negligence could lead to a sepsis claim?

    Some valid reasons to pursue compensation for sepsis and septic shock include:

    • Misinterpreting or ignoring symptoms of infection, such as fever, rapid heart rate, confusion, or low blood pressure;
    • Not being referred to the hospital or being sent home when you had sepsis symptoms;
    • A delayed diagnosis, which has led to a more severe treatment and poorer outcome;
    • Having acquired an infection such as MRSA during a hospital stay or medical procedure;
    • Proper tests to diagnose sepsis were delayed or not carried out;
    • You were given the wrong treatment or incorrect dosage for sepsis;
    • Delayed treatment, such as IV antibiotics, high-flow oxygen or dialysis for kidney failure;
    • You did not receive antibiotics after surgery or childbirth;
    • Inadequate monitoring of a known infection for signs of sepsis or changes in vital signs, such as blood pressure or heart rate;
    • Failure to treat or adequately manage a wound or underlying infection;
    • Surgical errors, such as leaving foreign objects in the body or poor hygiene;
    • Misinterpreting test results such as blood tests or imaging studies;
    • Failure to take a blood or urine culture.

    As you can see, many instances of substandard care could lead to avoidable sepsis injuries and a subsequent claim. If your situation was not listed here, it does not mean you are not entitled to claim, as this list is not exhaustive.

    Is it okay to claim against the NHS?

    The NHS specialists and medical staff must follow strict procedures for diagnosing and treating sepsis. Under the NICE guidelines, they must treat septicaemia with the same urgency as a stroke or heart attack and follow the Sepsis Six protocol, which reduces sepsis mortality significantly. The Sepsis Six refers to three tests and treatments that should be instituted within one hour of arriving at the hospital:

    • Blood culture tests
    • Oxygen treatment
    • Intravenous fluids
    • Intravenous antibiotics
    • Monitoring the urine output
    • Lactate measurement and blood sample tests

    If you sought medical care through the NHS and the care you received was substandard and resulted in harm, you are within your rights to make an NHS negligence claim.

    NHS Resolution will handle your claim, which is a government-backed organisation financed through annual premiums paid by each NHS Trust. This means that if you win compensation, it will not affect the funds allotted for patient care or salaries.

    Furthermore, your legal case could help highlight important issues and prevent similar occurrences from happening again.

    Can I make a medical negligence claim on behalf of a loved one?

    If someone close to you has suffered as a result of sepsis negligence but cannot handle a legal case, you may be able to represent them as a litigation friend. This process is typically used when the claimant is either a child under 18 or a protected party under the Mental Capacity Act 2005.

    To claim for them, you must first apply to be named as their litigation friend. A solicitor can help you with this process, which involves proving that:

    • You have no conflict of interest with the claimant
    • You can make fair and competent decisions about the case

    Once approved, you will have several duties as a litigation friend, which include:

    • Have your loved one’s best interests in mind
    • Liaise with solicitors and take legal advice
    • Sign legal documents
    • Attend court hearings if necessary
    • Pay any fees requested by the court
    • Keep the claimant updated on proceedings and try to find their wishes regarding the case
    • Consider any compensation offers from the defendant

    If you make a successful clinical negligence claim, a judge must assess the awarded settlement based on the evidence to determine whether it is fair. If approved, your solicitor can help you set up a personal injury trust to manage the funds on their behalf and ensure it does not impact their eligibility for means-tested state benefits.

    Can I claim compensation if a loved one has died of sepsis?

    Sadly, sepsis kills 48,000 people each year in the UK, which means that every hour, five people lose their lives due to this condition. While most of these fatalities cannot be prevented, some are due to clinical negligence, such as a late diagnosis or incorrect treatment.

    If your loved one has suffered a wrongful death, you may be able to claim compensation under the Fatal Accidents Act 1976. The Act allows anyone who classifies as a dependant of the deceased to start a claim, including:

    • Spouses and former spouses
    • Civil partners and former civil partners
    • A partner living with them for at least two years before their death
    • Children and other descendants, including anyone treated as a child
    • Parents, grandparents and anyone treated as a parent
    • Siblings, aunts, uncles and cousins

    As a dependent, you could claim the following if you lost a loved one due to sepsis negligence:

    • The financial support expected from them, such as salaries, bonuses, investments and pensions;
    • The services they provided for the family, such as cooking, childcare, household chores and DIY projects;
    • Reasonable funeral costs, such as wreaths, embalming the body and the headstone;
    • Any financial losses they incurred due to their condition, such as expenses for the private treatment of sepsis or lost wages;
    • A limited number of dependents can also seek bereavement damages of £15,120 for the grief caused by losing their loved one.

    How long do I have to make a claim for sepsis?

    The Limitation Act 1980 imposes a three-year time limit to make a sepsis claim, starting from:

    • The date of the negligent medical treatment.
    • The date of knowledge – when you became aware that you suffered an injury as a result of medical negligence.

    While three years seems like plenty of time, and you might be undecided about pursuing a claim, we strongly suggest that you seek legal advice as soon as possible.

    Evidence such as witness statements and medical records may degrade or become harder to access over time. Also, if your case has merit, this will ensure you will receive timely financial support to ease the burden of lost wages, medical bills and other costs.

    There are a few exceptions to the three-year time limit:

    • If a child suffered harm as a result of sepsis, a parent or another suitable adult can make a child injury claim for them before their 18th birthday. Afterwards, the child will have until their 21st birthday to claim compensation themselves.
    • There is no time limit to represent someone as their litigation friend if they are a protected party.
    • If you lost a loved one due to a sepsis misdiagnosis, you have three years to make a claim after their death.

    How much compensation could I receive for sepsis?

    The amount of compensation you could receive if you’ve been affected by sepsis will be calculated based on your specific circumstances. Some determining factors include the degree of negligence, the severity of your condition and its impact on your life. In a sepsis medical negligence claim, compensation is typically divided into two types of damages:

    General damages compensate for the pain, suffering and loss of amenity caused by the sepsis. The amount awarded for general damages depends on the severity of the illness, the duration of suffering, and whether it has caused long-term or permanent damage and includes:

    • Physical and emotional distress
    • Physical and mental disability
    • Loss of enjoyment of life
    • Loss of a unique career
    • Loss of companionship
    • Inability to pursue a hobby or activity you used to enjoy
    • Reduced quality of life or life expectancy

    Special damages cover the financial losses and expenses resulting from the negligence, such as:

    • Costs for private treatments, medication and therapy sessions
    • Current and future loss of earnings
    • Travel expenses to medical appointments
    • Adjustments to your home or vehicle
    • Costs of care and assistance during recovery

    According to our online compensation calculator and the guidelines from the Judicial College, you could receive:

    • £5,000 to £30,000 for mild to moderate sepsis where the recovery is relatively quick and complications are minimal;
    • £30,000 to over £300,000 for cases that involve significant injuries, such as brain damage, organ damage, loss of limbs or permanent disability.

    How long will my sepsis medical negligence claim take?

    It is difficult to say from the beginning how long a sepsis negligence compensation claim will take to resolve. It can take anywhere between a few months to more than two years to reach a settlement, depending on factors such as:

    • How much time your lawyer needs to gather supporting evidence
    • The type and severity of your injuries
    • How long it takes to establish the full extent of the harm and its long-term effects
    • Whether the defendant disputes liability or admits it from the beginning
    • How promptly the defendant and their insurer respond and cooperate
    • The estimated value of your compensation
    • Whether your case proceeds to court

    Your solicitor will always aim to settle your case in the shortest time possible. If the defendant has admitted liability or you have compelling evidence that will ensure you would win in court, they can also secure interim payments for you. These are parts of the final compensation advanced to you during the litigation process to help you cover pressing financial needs such as medical bills and the cost of living.

    Can I make a No Win No Fee sepsis compensation claim?

    If you are able to make a sepsis negligence claim, the solicitors we partner with will happily offer you a 100% no win no fee service. This is the preferred way of funding a personal injury claim because:

    • You do not have to pay any upfront legal fees to your lawyer;
    • It makes it easier for you to start a claim, regardless of your financial situation;
    • You can be sure that your case has merit and you have a fair chance of success;
    • It motivates your solicitor to secure a win, as their payment depends on it;
    • It offers you peace of mind knowing that you will not face any expenses if your case fails;
    • You only pay your solicitor a success fee if you win compensation for sepsis;
    • The success fee is agreed upon from the beginning, and it is capped at 25% of your settlement.

    For further protection against financial losses, you can also opt for After the Event (ATE) insurance. This policy can be taken out after a legal dispute arises to cover the costs of the claim if your case is unsuccessful. These include court fees, medical reports, expert witnesses and the opponent’s expenses. The ATE is also self-insuring, meaning that you only pay the cost of the premium if you win compensation.

    The benefits of hiring specialist medical negligence solicitors

    While there is no legal obligation to have a lawyer work on your case, hiring legal representation can make the claims process much easier while improving your chances of success. If you have a valid claim, your solicitor will:

    • Have the necessary expertise to understand and navigate the complexities of medical negligence;
    • Review your case thoroughly with you to determine your chances of success;
    • Know precisely how much compensation you are entitled to receive;
    • Work hard to negotiate the best settlement on your behalf;
    • Offer you a no win no fee service, as mentioned above;
    • Help you collect and collate the evidence you need to support your claim for sepsis compensation;
    • Offer you support, guidance and advice through legal procedures;
    • Handle all communication on your behalf so that you can focus on recovery;
    • Arrange a free assessment with an independent medical professional for expert testimony;
    • Keep you updated on the case.

    If you want to start your claim today or learn more about how much compensation you could be entitled to, call 0800 470 0474 or enter your details to request a call back.