Sepsis negligence claims

Sepsis, also known as blood poisoning and septicaemia, is a serious complication of infection and if not treated in a timely manner can lead to multiple organ failure and death. Sepsis occurs when the body has an extreme response to an infection. Instead of fighting the infection in a controlled way, the immune system overreacts and begins to damage the body’s own tissues and organs. Sepsis often develops from infections in the lungs (pneumonia), urinary tract, abdomen and pelvis, but it can arise from infection in any part of the body. Sepsis can affect anyone, and often does so without warning, overwhelming the body’s immune system within a matter of hours.

Sepsis can be difficult to diagnose but is treatable if caught early. In some cases, if sepsis is recognised in its very early stages before the infection has spread or caused damage to other areas of the body, it can be treated with oral antibiotics without hospital admission.

‘Severe sepsis’ and ‘septic shock’ are medical emergencies. Severe sepsis is where the body’s organs or the blood and oxygen supply to the tissues are affected. Septic shock is where the blood pressure drops to a dangerously low level. These severe forms of sepsis require immediate admission to hospital and emergency treatment with intravenous (IV) antibiotics.

Sepsis is usually caused by bacterial infection, but can sometimes develop from viral or fungal infections. Septicaemia or ‘blood poisoning’ refers to when large numbers of bacteria enter the bloodstream. Septicaemia often accompanies meningitis. Sepsis can affect multiple organs or the whole body, with or without septicaemia.

Sepsis can be caused by infection in any part of the body. The original infection which caused the sepsis cannot always be found.

Sepsis can affect anyone who has had any type of infection. Sepsis often develops during or after a stay in hospital, particularly after the patient has undergone surgery, had a urinary catheter or been in hospital for a long time. Bacterial hospital-acquired infections, such as MRSA, are often more dangerous than other infections, because the bacteria which causes them has often developed resistance to many antibiotics.

The risk of sepsis increases for:

• Very young or older people (babies under 1 and adults over 75)
• People with a weakened immune system, including those who are receiving chemotherapy
• People who recently gave birth, or who have recently had surgery (including a caesarean section)
• People with chronic or recent serious illness, such as diabetes, or those who are or have recently been in hospital

The common signs and symptoms for sepsis in children include:

• looking mottled, bluish or pale;
• very lethargic or difficult to wake;
• feeling abnormally cold to touch;
• breathing very fast;
• a rash that does not fade when you press it;
• fits or convulsions.

Common signs of sepsis in babies include:

• abnormally high or low temperature:
• breathing difficulties or grunting:
• not urinated or had a wet nappy for 12 hours;
• not eating or drinking, or has green, bloody or black vomit;
• a bulging soft spot (fontanelle) on a baby's head;
• sunken eyes;
• is floppy (baby);
• a weak, "whining" or continuous cry;
• is unresponsive, confused, irritable or disinterested;
• a stiff neck, especially when trying to look up and down.

Early sepsis symptoms in older children and adults may include:

• a high or low body temperature;
• chills and shivering;
• rapid heartbeat;
• difficulty or changes in breathing;
• not feeling or acting their usual self.

Many of the signs and symptoms of sepsis are similar to meningitis. You can read more about meningitis on our meningitis negligence claims page.

Signs and symptoms of sepsis can include:

• feeling dizzy or faint;
• mental confusion or disorientation;
• diarrhoea;
• nausea and vomiting;
• slurred speech;
• severe muscle pain;
• severe breathlessness;
• urinating less often than usual;
• cold, clammy, pale or mottled skin;
• loss of consciousness.

Severe sepsis and septic shock are medical emergencies. Delays in treatment can result in death or permanent, severe disability. If you or your child has symptoms or signs of sepsis, you should call 999 or go to A&E immediately.

If sepsis is correctly diagnosed and treated at an early stage, most people recover fully without lasting consequences. If left untreated, the patient may develop severe sepsis (affecting the organs or reducing the blood/oxygen supply to the tissues) and septic shock (dangerously low blood pressure). Severe sepsis and septic shock are life-threatening medical emergencies.

Boyes Turner’s sepsis claims solicitors have recovered compensation for patients and their families after negligent delays and treatment for sepsis resulted in:

• death;
• amputation;
• organ failure;
• extensive scarring;
• post-sepsis syndrome with ongoing:
  • lethargy and fatigue;
  • muscle weakness;
  • swollen limbs;
  • joint pain;
  • chest pain;
  • shortness of breath;
• PTSD or other psychological injury.

Correct medical treatment for sepsis requires prompt recognition of the patient’s signs of sepsis, urgent administration of intravenous (IV) antibiotics and input from senior doctors at an early stage.

Sepsis medical negligence claims often involve the death or serious injury of a patient from sepsis as a result of one or more of the following medical errors:

• delay or failure to refer a patient with symptoms of sepsis to hospital;
• failure or delays in admitting the patient to hospital;
• incorrect or delayed diagnosis;
• delayed, incorrect or misinterpreted tests;
• delays in administering IV antibiotics;
• failing to call for senior medical review of the patient;
• sending home a patient with sepsis.

The amount of compensation that each client receives depends on the extent of their injury and its impact on their life, based on their individual circumstances.

We have helped clients who have been severely injured by sepsis negligence recover compensation for:

• pain, suffering, and disability;
• costs of care;
• prosthetics ( after amputation);
• specialist equipment, wheelchairs and adapted vehicles;
• rehabilitation and therapies;
• psychological counselling;
• loss of earnings and pension;
• necessary home adaptations;
• private medical or surgical treatment;
• other expenses and financial losses arising from their injury. 

Where sepsis negligence has caused the death of a parent or partner, the bereaved family and dependants may be able to recover compensation for:

• funeral expenses;
• a statutory bereavement payment;
• the deceased’s pain and suffering before their death;
• their loss of the deceased’s income and services, such as childcare, housework, DIY etc.

In most cases, you have three years to bring a sepsis negligence claim. This time limit usually runs from the date the negligent treatment occurred or from the date you first became aware that the injury was linked to substandard care (known as the “date of knowledge”).

There are important exceptions: for children, the three-year period does not begin until their 18th birthday; for individuals who lack mental capacity, the time limit may not apply unless capacity is regained; and in fatal cases, the three-year period generally runs from the date of death or when the cause of death was known.

Because limitation rules can be complex, it is important to seek legal advice as soon as possible. Our sepsis negligence solicitors can advice you on time limit exemptions and can help you make a claim.

Yes, it may be possible to bring a claim if your loved one died as a result of negligent medical care in the delay of treatment or management of sepsis.

Close family members, including children, may be entitled to claim for financial dependency and other losses as a result of a loved ones death. While no amount of compensation can make up for your loss, a claim can provide financial security and help secure answers about what happened.

Yes, sepsis compensation claims are often funded through a “no win, no fee” agreement (also known as a Conditional Fee Agreement). This means you do not pay legal fees upfront, or if the claim is unsuccessful.

Our medical negligence solicitors at the outset will explain the claims process, how the claim is funded, and how the compensation will be awarded.

Treatment for sepsis depends on where and how the infection began (if known) and the nature and extent of the damage that has already been done. Treatment usually involves hospital referral and/or admission, IV (intravenous) antibiotics at first, with oral antibiotics continuing after initial treatment.

Hospital treatment for sepsis is sometimes known as the “sepsis 6” because three diagnostic tests and three treatments should all be initiated by the medical team within an hour of diagnosis. These include taking blood to identify the bacterial cause and the severity of the sepsis, and monitoring the patient’s urine, and giving antibiotics, IV fluids and oxygen (if needed).

Other tests (to identify the type of infection) include samples of urine and stools, saliva/phlegm/mucus, and wound cultures, as well as imaging with X-rays, CT or ultrasound scans, and blood pressure tests.

Emergency hospital treatment may involve admission to an intensive care unit (ICU) if the sepsis is severe or there is septic shock.