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, also known as blood poisoning or septicemia, is a serious and potentially life-threatening medical condition that can often be prevented. If you or a loved one suffered blood poisoning that could have been avoided, you may be eligible to make a sepsis compensation claim.

Sepsis can result from infections in any part of the body, including the lungs, urinary tract, and skin. Medical professionals are expected to recognise and treat sepsis promptly, and any harm or injury resulting from a breach of duty could make them liable for compensation.

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

Key points about sepsis negligence claims

Can I make a claim?
You may be entitled to claim if a delay in diagnosing or treating sepsis led to serious complications or the death of a loved one.
Who is responsible?
An NHS trust may be liable if medical staff missed signs of sepsis or failed to act quickly.
Is there a time limit?
Yes, medical negligence claims should usually be started within 3 years of the negligence or awareness of it.
What can I claim for?
Compensation may include pain, suffering, loss of earnings, long-term care costs and loss of life expectancy.
Will I receive a no win, no fee service?
Your solicitor will offer a no win, no fee agreement, so you won’t have to pay anything upfront. You only pay a fee if you win compensation.

If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.

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Table of Contents

What is a sepsis claim?

A sepsis claim is a type of medical negligence claim made when a patient suffered avoidable harm due to a failure to diagnose, treat, or prevent sepsis.

Sepsis is a life-threatening condition caused by the body’s overreaction to an infection. It can lead to widespread inflammation that can trigger blood clotting and multiple organ failure. If untreated, it can rapidly progress to septic shock, which can cause death in as little as 12 hours.

According to the UK Sepsis Trust, 245,000 people are affected by sepsis each year in the UK, leading to 48,000 deaths. Sadly, many of these cases could be prevented with timely diagnosis and adequate care, making it possible to pursue a claim if negligence led to avoidable harm.

Am I eligible to make a sepsis compensation claim?

You may be entitled to make a claim for compensation if you suffered from sepsis due to negligent medical care. A specialist personal injury lawyer can assess your claim for free and let you know if you are eligible to make a claim and how much compensation you could receive.

Usually, a medical negligence claim for sepsis is possible if the following can be established:

1. A duty of care

It comes as a given that all healthcare professionals owe patients a duty of care. This means they must provide treatment that meets the acceptable standards set by bodies such as the National Institute for Health and Care Excellence (NICE).

2. A breach of duty

A breach of duty occurs when a healthcare provider fails to meet the standard of care expected of them. For example, failing to spot the signs of sepsis or delayed referral for diagnostic tests.

3. Causation

It is not enough to show that a breach of duty occurred. To have a valid claim, you must prove that the negligence directly caused or worsened the sepsis and any resulting complications. If you cannot prove this link, your claim would not succeed.

4. Damages

Finally, you must be able to prove that the medical mistake caused you harm, such as physical pain, mental suffering, disability, and financial losses.

Who is liable to pay sepsis negligence compensation?

Sepsis claims fall under medical negligence, which means that the healthcare provider responsible for your care may be held liable if you suffered avoidable harm. Depending on the circumstances, this may be:

Sepsis claims against the NHS

NHS doctors and medical staff must follow recognised procedures for diagnosing and treating sepsis. This is often referred to as the Sepsis Six protocol, a series of urgent interventions that should be started as quickly as possible, typically within one hour where clinically indicated:

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 may be able to make an NHS negligence claim. Claims against the NHS are processed and paid by NHS Resolution and do not affect funds allocated to patient care or salaries.

Sepsis claims against a private hospital

Negligence in a private healthcare setting can also result in liability and compensation. According to the General Medical Council (GMC), all private hospitals and doctors must hold valid insurance to cover potential claims of negligence or liability.

If you’re entitled to sepsis compensation from a private healthcare provider, their insurer would cover your claim.

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

The Limitation Act 1980 imposes a three-year time limit to claim sepsis compensation, 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.

Exceptions apply to child injury claims, fatal injury claims and people who lack the mental capacity to handle legal proceedings.

How much compensation could I receive for sepsis?

The compensation you may receive will be calculated based on two types of damages caused by the poor treatment or delayed diagnosis of sepsis:

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

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

Costs for the private treatment of sepsis.
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 do I make a claim for medical negligence?

Making a successful claim for a missed sepsis diagnosis or inadequate treatment typically involves the following steps:

A free consultation with a specialist solicitor to discuss what happened and assess whether you have a valid case.
If you can proceed, they will request your medical records and help you gather any additional evidence needed to support your case.
Undergo a free independent medical assessment to help confirm that you received substandard care and assess your future care needs.
Send a letter of claim to the defendant outlining your allegations of negligence.
If liability is admitted, which often happens, your solicitor will negotiate a settlement for the losses you incurred.
If liability is denied, your solicitor may issue court proceedings and continue to pursue your claim.
If you win, 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.

Can I make a No Win No Fee sepsis claim?

Yes. If you can 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 medical negligence cases because:

You do not have to pay any upfront legal fees.
You will not face any expenses if your case fails.
You only pay a success fee if you make a successful sepsis compensation claim.
The success fee is agreed upon from the beginning, and it is capped at 25% of your settlement.

What evidence is needed to support a sepsis negligence claim?

You will typically need the following evidence to claim compensation for medical negligence in cases of sepsis:

Medical records detailing the diagnosis, treatment and prognosis.
Photos or videos of visible injuries.
An independent assessment of the care you received and the long-term effects.
Witness statements from friends, family and carers.
Any correspondence between you and your healthcare provider.
Copies of formal complaints and the responses received.
Evidence of psychological impact from a mental health specialist.
Your own testimony.
Proof of financial losses and expenses.

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

Some valid reasons to pursue a personal injury compensation claim for sepsis and septic shock include:

Failure to recognise or respond to early signs of infection.
Being sent home or not referred to a hospital when you had sepsis symptoms.
A delayed or missed diagnosis leading to more severe illness, treatment or complications.
Proper tests to diagnose sepsis were delayed or not carried out.
You were given the wrong treatment or incorrect dosage for sepsis.
You did not receive antibiotics after surgery or childbirth.
Inadequate monitoring of a known infection.
Failure to treat or adequately manage a wound or underlying infection.
Misinterpreting test results, such as blood tests or imaging studies.

If your situation was not listed here, it does not mean you are not entitled to claim, as this list is not exhaustive.

Frequently asked questions

Sepsis can affect various body parts, leading to different symptoms that can vary depending on the severity of the condition:

Abnormally high or low body temperature.
Fast heart rate and rapid breathing.
Chills or shivers.
Feeling unusually tired or weak.
Reduced urine output or dark, concentrated urine.
Unexplained sweating.

If sepsis is not treated quickly, it can progress to septic shock, a life-threatening condition that is a medical emergency. Call 999 or go to the A&E immediately if you or a loved one experiences:

Extreme pain or discomfort.
Little or no urine output.
Difficulty breathing or staying awake.
Confusion or slurred speech.
Blue or very pale skin.
Very low blood pressure.

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.

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.
People with weakened immune systems or chronic illnesses.
Older adults, particularly those over 75.
Patients who have had recent surgery, a catheter, IV or breathing tube.
Women who have had an abortion, miscarriage or have just given birth.

Sepsis diagnosis involves a combination of tests, such as a physical examination, X-rays and CT scans, blood tests, and urine cultures.

If sepsis is confirmed, most patients will be admitted to the hospital, where treatment could include:

Intravenous antibiotics and fluids.
Medication for blood pressure, pain, and inflammation.
Oxygen therapy for severe respiratory issues.
Dialysis for kidney failure.
Blood transfusions for clotting problems or low blood cell counts.
Surgical intervention to remove dead tissue for severe cases.
Physical therapy to regain strength and mobility.

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

Septic shock.
Failure of organs such as the kidneys, heart, lungs or liver.
Blood clotting issues.
Cell and tissue death that can lead to amputations.
Cognitive decline and neurological issues.
Death, especially without timely intervention.
Post-traumatic stress disorder (PTSD).
Chronic pain and fatigue.
Impact on relationships and earning capacity.

Most people will make a full recovery from sepsis, but this could take months or even years. All the damages caused by negligence will be included in your claim.

Yes. 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.

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Call 0800 470 0474 or enter your details below to request a call back.

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.

Start your claim

Sepsis Claims

Key points about sepsis negligence claims

What is a sepsis claim?