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Sepsis is a life-threatening, serious complication of infection, which, if untreated, can lead to permanent disability or death.
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.
Healthcare professionals are expected to be alert to the symptoms and signs of sepsis and respond quickly because delays in diagnosis and treatment can be deadly.
Boyes Turner’s medical negligence team have recovered compensation for many clients with devastating injuries caused by negligently delayed diagnosis and treatment of sepsis. Where serious injury has been caused by sepsis negligence, we secure funding for early rehabilitation, care and specialist equipment, adapted accommodation and purpose-built prostheses. Clients who work with us experience restored mobility, independence and self-esteem. Our clients’ settlements replace lost earnings and can help provide financial security at a time when life is difficult enough for those coping with a new disability.
Sepsis is a serious complication of infection which, without quick treatment, can lead to multiple organ failure and death. Sepsis most commonly develops from infections in the lungs (pneumonia), urinary tract, abdomen and pelvis, but it can arise from infection in any part of the body.
Leading sepsis charity, The UK Sepsis Trust, estimates that in the UK there are around 250,000 cases of sepsis a year. The condition is fatal for 52,000 people a year, that’s 20% of those affected. In the UK, there are more deaths from sepsis than from breast and bowel cancer combined and many of the survivors are left permanently disabled.
‘Severe sepsis’(affecting the organs or reducing blood and oxygen supply to the tissues) and ‘septic shock’ (where blood pressure becomes dangerously low) are medical emergencies. These advanced forms of the condition require immediate admission to hospital and emergency treatment with intravenous antibiotics. However, in its early stages, before the infection has spread or caused damage to other areas of the body, sepsis may sometimes be treatable with oral antibiotics at home.
Early recognition and immediate antibiotic treatment are the key to successful recovery from sepsis. With correct medical care, lasting, full recovery, without long-term consequences is possible. Sepsis strikes quickly but the condition is treatable.
Sepsis is treatable if caught early, but it can be difficult to diagnose as early symptoms can be confused with other less serious conditions. Where sepsis is suspected, antibiotic treatment must be started immediately if serious injury is to be avoided. Every minute counts in stopping the spread and advancement of the disease.
NHS England has issued guidance to NHS Trusts which is intended to improve the speed of diagnosis and treatment for patients arriving in A&E departments with symptoms of sepsis. The guidance requires hospital staff to alert senior doctors if patients with suspected sepsis do not respond to treatment within an hour.
Correct treatment for sepsis involves:
We have helped patients who have been severely injured and families of those who have died after:
Boyes Turner’s medical negligence team have helped secure compensation for many clients with severe, permanent disability, including multiple amputation, which was caused by delays in diagnosis and incorrect treatment of sepsis. We have also recovered compensation for bereaved dependent family members of those whose who have died as a result of sepsis negligence.
We have decades of experience in serious injury claims and understand the devastation that untreated life-threatening infectious conditions leave behind. When acting for clients with severe injury, we aim to secure liability admissions and judgments as quickly as possible. This approach means that we can obtain interim funding to get rehabilitation started, and independence and participation in work/family life restored.
Our clients’ high value compensation awards and settlements give them early access to rehabilitation, bespoke prostheses, specialist equipment, therapies, care and adaptations to housing. Compensation can also ease the financial hardship which follows the loss or reduction of the injured provider’s or the deceased’s loss of earnings.
Where the injured client is a child, Boyes Turner’s uniquely integrated, multi-disciplinary legal team can help them secure educational placements or support for children with special educational needs (SEN) arising from disabling injuries.
Our clinical negligence lawyers support the valuable work of leading sepsis charity, the UK Sepsis Trust. We are committed to helping raise awareness of the signs, symptoms and seriousness of sepsis and the dangers of delays in diagnosis and treatment of this devastating disease.
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Sepsis is usually caused by bacterial infection, although it can sometimes develop from viral or fungal infections. Sepsis most commonly arises from infection in the lungs, urinary tract, abdomen or pelvis, but it can develop from infection in any area of the body.
Septicaemia (blood poisoning which often accompanies meningitis) describes when large numbers of bacteria enter the bloodstream. Sepsis can affect multiple organs or the whole body, with or without septicaemia.
Sepsis often develops during or after a stay in hospital. It may develop:
Sepsis can be caused by infection in any part of the body. The original infection which caused the sepsis cannot always be found. Sepsis commonly arises from:
The body’s immune system usually manages to keep any infection within one area of the body. Tissue swelling (inflammation) helps prevent the infection from spreading whilst the white blood cells attack and destroy the germs which are causing the infection. Where the immune system is weak or the infection is very severe, the infection spreads to other areas of the body. The immune system reacts, causing inflammation throughout the body. The side effect of the inflammation is that it interferes with the blood supply, leading to a dangerous drop in blood pressure and lack of oxygen supply to the organs and tissues.
The NHS advises that you should call 999 or take your child to A&E immediately if they have any of the following symptoms:
You should also seek urgent medical advice if your child has:
Early sepsis symptoms in older children and adults may include:
Many of the symptoms of sepsis are similar to meningitis, in which the first symptoms are often fever (high temperature), vomiting, headache and feeling unwell. Meningitis is another life-threatening complication of infection which must be treated as an emergency to avoid long-term, serious injury. If you think you or a family member could be suffering from meningitis or sepsis, do not delay; seek medical help urgently or call 999.
Signs and symptoms of more advanced sepsis or septic shock (in which blood pressure drops to a dangerously low level) can include:
Severe sepsis and septic shock are medical emergencies. Delays in treatment can result in death or permanent, severe disability. Call 999 or go to A&E immediately.
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 – into a vein) antibiotics at first, with oral antibiotics continuing after initial treatment.
Sepsis hospital treatment is sometimes known as the "sepsis 6" because three tests and three treatments should all be initiated by the medical team within an hour of diagnosis. These are:
Other tests (to identify the type of infection) will include:
Emergency hospital treatment may involve admission to an intensive care unit (ICU) if the sepsis is severe or there is septic shock.
Sepsis can affect anyone who has had any type of infection. People with undeveloped or weakened immune systems are also at increased risk.
Those with the highest risk of sepsis include:
A lengthy hospital stay increases the risk of sepsis. Bacterial hospital (iatrogenic) infections, such as MRSA, are often more serious than other infections, because the bacteria which causes them has often developed resistance to many antibiotics.
If sepsis is diagnosed and treated at an early stage, most people recover fully without lasting consequences. If left untreated, the patient may develop severe sepsis (which affects the organs or reduces the blood/oxygen supply to the tissues) and septic shock (where blood pressure drops to a dangerously low level). Both these conditions are life-threatening medical emergencies.
We have recovered compensation for patients and their families after negligent sepsis delays and treatment resulted in:
We have helped clients injured by sepsis negligence recover compensation for:
Where sepsis negligence has caused the death of a parent or partner, we have helped the bereaved family dependents recover compensation for:
Each claimant’s compensation is calculated in accordance with mandatory rules based on their individual circumstances.
The law says that compensation for medical negligence should put the injured person back in the position that they would have been in if the negligence hadn’t happened, in so far as money can.
In a medical negligence claim, the amount of compensation depends on:
Our clients often benefit from different types of compensation, including:
Read more details on how much you can claim and what compensation can pay for.
If you think that you or a family member have received negligent medical treatment which has caused serious injury or disability, we recommend that you speak to one of our friendly, experienced clinical negligence team as soon as possible. You can contact us by telephone or by email. Your enquiry will be handled confidentially and preliminary advice in relation to pursuing a claim will be given free of charge.
Our solicitors will ask you to tell us briefly what has happened, advise you about the limitation deadlines (time limits) which apply to your claim and whether we are able to help you investigate your claim.
Once our initial investigations have taken place, we will notify the defendant (hospital or doctor) of your intention to pursue a claim and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.
If liability is admitted, we will enter judgment and apply for an interim payment as soon as possible to meet any urgent needs that you may have as a result of the negligently caused injury.
If liability is disputed, we will discuss with you the further steps that we need to take to progress your claim.
At all times our approachable, experienced clinical negligence lawyers will ensure that you are informed of any developments and understand the process. Your solicitor and our friendly support staff will always be available to discuss any concerns or queries that you might have along the way.
The duration of a medical negligence claim depends on the individual circumstances of the client’s case. The claim is likely to take less time to conclude where:
Circumstances which make the claim more complex and therefore take longer to resolve include:
An initial full or partial denial of liability by NHS Resolution or other medical defence organisation does not necessarily mean that the injured person’s claim will fail. In more than half of our successful cases in 2019, we overcame initial denials of liability by the defendant, resulting in settlements for our clients.(from making a claim page)
We work hard to secure early admissions of liability and substantial interim payments so that we can begin to alleviate financial hardship and provide essential care, respite, specialist equipment, therapies and home adaptations long before the claim has settled. With liability judgments secured and interim funds in place, the individual and their family are able to focus on rebuilding their lives whilst we concentrate on valuing and negotiating settlement of the claim.
As top-rated specialists in cerebral palsy and other serious neurological disability claims, we have access to Legal Aid funding for eligible clients. Where the child’s case is funded by Legal Aid, the family can be sure that on the successful conclusion of the claim, their child will receive their full compensation without any deduction for legal costs. Where Legal Aid is available for a child with serious brain injury, we believe that it is in the child’s best interests for their claim to be covered by Legal Aid.
This form of funding is only available to those who have suffered a brain injury, such as cerebral palsy, at birth or within the first few weeks of life. The child must have suffered their brain injury in England or Wales, and they must not have substantial funds of their own. The parents’ finances are ignored for the child’s application.
Legal Aid funding will only be given to a child where their claim is handled by a solicitor who has been approved as a specialist in cerebral palsy and child brain injury claims by the Legal Aid Agency.
Where Legal Aid is not available, we act for clinical negligence clients on a conditional fee agreement (CFA or ‘no win no fee’) basis. Just as the name says, no win no fee means that unless our client wins their case there are no legal fees for them to pay. If the case fails, we do not get paid for the time we have spent working on their case. Our client’s liability for disbursements (such as expert and court fees) and any entitlement the defendant might have to legal costs is paid by an after-the-event insurance policy.
CFAs make it easier for people to afford a legal claim because they do not have to pay any upfront charges. There are no legal bills along the way. They pay nothing if they lose their claim. If they win, nothing is payable until the end of the case.
If an injured person has legal expense insurance which was in place at the time that they were injured by medical negligence, their legal expense insurance policy might help with funding their claim. If you have legal expense insurance, you should let us know as soon as you are considering making a claim.
A medical examination is usually needed to assess our client’s injury. Where our client has suffered multiple injuries or both physical and psychological injuries, they may need to be examined by specialists in each area. This is important to make sure that our client’s injuries are fully assessed and understood, so that they can be properly compensated.
If a medical examination is needed, we instruct the specialist and make the arrangements. We ensure that they have access to our client’s medical records and are aware of the background to the claim. The hospital or doctor against whom the claim is being made may also ask for our client to be examined by their medical expert.
If a baby, child or teenager under the age of 18 makes a claim for compensation for injuries caused by medical negligence, their claim is made on their behalf by a ‘litigation friend’. This is usually a parent or guardian. As the child’s solicitor, we have a responsibility to make sure that all decisions relating to the claim are made in the best interests of the child. To do this, we work very closely with the child’s family. Some important decisions, such as settlement agreements or the amount of money that is allocated to a child in a claim involving more than one claimant, must be approved by the court.
We are specialists in helping families obtain full compensation for children who have been very severely injured leaving them with permanent disability and lifelong specialist needs. [These claims are complex and must be handled by specialist solicitors.] Our expert children’s claims service includes a dedicated Court of Protection team who help our clients protect, budget and access their compensation via deputyship and trusts, and an SEN team to ensure that their special educational needs are met. Find out more about how we help families, children and teenagers with children’s claims.
In medical negligence claims, compensation for serious injury and disability usually includes a sum for the injury, and sums to compensate for financial losses and the cost of meeting the needs that arise from the disability. Our expert knowledge and experience means that we recover maximum compensation in claims for catastrophic and life-changing injury. We also ensure that our clients receive their compensation in the way that is best suited to meet their needs. In claims involving severe disability, compensation may include early interim payments, lump sums or lifelong, index-linked, annual payments.
Depending on our clients’ injuries, individual circumstances and needs, we can recover compensation to pay for:
Where medical negligence caused someone’s death, compensation may be claimed by the deceased’s dependants and on behalf of the deceased’s estate. Compensation in a fatal injury medical negligence claim can be paid for:
HSSIB is the acronym or shortened name for the Health Services Safety Investigations Body (HSSIB).
In October 2023 the Healthcare Safety Investigation Branch (HSIB) which investigates patient safety incidents, will change its name, its status and the way it works and will become the Health Services Safety Investigations Body or HSSIB. HSSIB will continue the work of HSIB’s national investigations programme but will not take over HSIB’s maternity investigations. These will be carried out by the new Maternity and Newborn Safety Investigations Special Health Authority or MNSI. This is because the Health and Care Act 2022 gave HSSIB increased powers, beyond those used by HSIB. This will allow HSSIB to conduct patient safety investigations using ‘safe space’ protection, which is not appropriate for maternity investigations into patient safety incidents which have caused serious harm to mothers and newborn babies. From October 2023, when HSSIB becomes operational, it will be an independent, non-departmental, arm’s length body (ALB) of the Department of Health and Social Care (DHSC). HSIB hopes that the new HSSIB’s new working procedures and independence from the NHS and DHSC will help reassure patients and staff involved in patient safety incidents that their investigations are unbiased and don’t attribute blame, but will help the whole healthcare system learn from the system failures and mistakes that contributed to the patient’s injury. HSIB believes this will help improve patient safety.
HSSIB will work differently from HSIB: • HSSIB will be run by a board of executive and non-executive directors who will establish and take forward the strategic aims and objectives of the new organisation. HSSIB’s new board of directors will be accountable for the way HSSIB is managed, carries out its investigations, and for its performance. • HSSIB will have the power to: o access patients’ medical records without their consent; o compel people and organisations (such as NHS trusts) to cooperate with patient safety investigations; o obtain any evidence that it considers relevant for an investigation; o conduct investigations under ‘safe space’, meaning that evidence that is gathered can be protected from disclosure, even to the affected patient or their family. • HSSIB will not carry out maternity investigations. These will be taken over by the Maternity and Newborn Safety Investigations Special Health Authority or MNSI.
If you have been contacted by MNSI, HSIB, HSSIB or NHS Resolution after the birth of your child or in relation to the mother’s maternity care, we strongly advise you to contact us on +44(0) 118 952 7201 immediately for free, confidential, specialist advice before you respond. Your child or your family may be entitled to substantial compensation.
Medical negligence cases are legally and medically complex. If you have been seriously injured by medical negligence and want to claim compensation, it is essential that your solicitors specialise in clinical negligence and understand what is required, both legally and medically, to prove your claim.
The law says that a medical practitioner is negligent if they have acted in a way that no responsible body of medical opinion would regard as acceptable. That means that if the care given was of a reasonable standard the court will not regard it as negligent, whatever the result.
Where healthcare is found to be (legally) negligent, then the claimant (the person making the claim) must prove that their injury was caused or significantly worsened by the negligent care. This is important because the patient may already be very ill when they receive negligent medical care. In those circumstances, they must prove that their injury (and its financial consequences) would have been avoided or greatly reduced if correct treatment had been given. This aspect of the medical negligence claim is known as ‘causation’. Causation must be proven, even if negligence is admitted, for the claim to succeed and compensation to be awarded.
Negligence and causation must be proven by supportive opinions from medical experts. We instruct experts in the same field of medicine as the negligent care to tell us whether the care that was given was of a reasonable standard. If negligence is proven, we ask medical specialists in the type of injury suffered, to confirm whether our client’s injury was caused or made worse by the negligent treatment, or would have been reduced or avoided with correct care.
The medical experts make their assessments by examining the evidence:
The experts may also back up their opinion with other reputable sources of professional information, such as:
They will also draw on their own clinical experience when giving their opinion about whether the treatment given was to a reasonable standard and was responsible for causing the injury.
The law states that, in most cases, someone who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim.
There are the following exceptions to the three-year rule:
Regardless of your time limit, we recommend that you contact us as soon as you can after the injury has taken place, even if at that stage you are only considering whether to make a claim. By contacting us early:
Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.
Occasionally, cases can only be concluded by a formal court hearing, such as where:
Where our client’s claim is complicated by any of the above, we may advise our client that for the case to proceed it must go to a court hearing. Our caring and highly experienced solicitors and barristers ensure that our clients are always kept informed and supported.
Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court, such as after a settlement for a child or brain injured adult without mental capacity takes place. In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.
In a medical negligence claim, compensation will only be paid for injuries and loss that we can prove were caused by the healthcare provider’s negligence. Once we know what mistakes were made, the next step (causation) is to identify the extent of the injury or disability that was caused by those mistakes. This process of proving causation can be complex in claims where there is more than one potential cause for the injury, such as in birth-related brain injury claims. It can also be complicated where the patient would have suffered from the condition that was being treated in any event, but additional injury was caused by negligent treatment or delay.
Proving causation in complex medical negligence cases requires both medical expertise and understanding of the law. We often succeed in claims where NHS Resolution (the NHS’ defence organisation) has denied ‘causation’. You can read more about how we overcome difficulties with causation in complex birth injury cases.
The NHS has a responsibility to provide its patients with a safe and acceptable level of care. If a patient is seriously injured or their condition is made significantly worse as a result of negligent NHS care, the patient may be entitled to claim compensation. Making a claim against the NHS does not affect the patient’s future NHS healthcare. Compensation can help meet the costs of care, therapies, equipment and home adaptations that are needed when an NHS mistake causes injury or disability that permanently affects the patient’s life.
We are experts at helping clients receive the compensation they deserve from the NHS. We understand the concerns that patients and their families sometimes have about claiming against the NHS. You can read our answers to many of the most common questions on our NHS claims page or speak to one of our solicitors about your own claim by contacting us.
No, your NHS treatment should not be affected simply because you are making a claim.
Anyone who has suffered serious injury or disability as a result of negligent NHS or private medical care can make a medical negligence claim for compensation. Special rules apply to children, adults with mental incapacity, and claims arising from a [fatal injury/someone’s death].
Children and teenagers under the age of 18, or anyone with mental incapacity, must make their claim via a ‘litigation friend’. This is usually a parent or guardian in the case of a child, or a partner or other adult family member in the case of an adult with mental incapacity. The solicitor handling the claim takes instructions and works closely with the litigation friend whilst ensuring that decisions are made in the best interests of the child or mentally incapable adult who is making the claim. You can find out more about making a claim for a child.
Some important decisions, such as agreements to settle a child or mentally incapable adult’s claim, must be approved by the court. Arrangements must also be made to safeguard the child or mentally incapable adult’s compensation, whether from an interim payment, lump sum settlement or agreed future payments. Depending on the claimant’s circumstances, this may be done by paying the money into a Court Funds Office account until the child is 18, by appointing a Court of Protection deputy or setting up a personal injury trust. You can find out more about Court of Protection deputyship and personal injury trusts.
If the claim is for bereaved family members and dependants after medical negligence caused someone’s death, the claim must be made by the deceased’s personal representative (executor or administrator of their estate) on behalf of all who are entitled to compensation as a result of the death. You can find out more about making a fatal injury medical negligence claim here.
MNSI is an acronym or shortened name for the Maternity and Newborn Safety Investigations Special Health Authority.
MNSI is the new Special Health Authority which is taking over investigations into patient safety incidents which have occurred during maternity or neonatal (newborn) care. MNSI will continue the work of HSIB’s maternity investigations programme which investigates maternity safety incidents which have caused harm to mothers and babies, including:
The Maternity and Newborn Safety Investigations Special Health Authority or MNSI has been formed to take over HSIB’s maternity investigations programme when HSIB changes status to become the Health Services Safety Investigations Body or HSSIB. The Health and Care Act 2022 did not provide for maternity investigations to be carried out by HSSIB. This is because the new HSSIB will have new powers to investigate most types of patient safety incidents under ‘safe space’, but this process is not appropriate for investigations into intrapartum stillbirth, early neonatal death, babies with severe brain injury diagnosed in the first week of life, or pregnancy-related deaths of mothers (known as maternal deaths).
Instead, in January 2022 the government announced that a new Special Health Authority would be established for up to five years to continue the work of HSIB’s maternity investigations programme. In August 2022 HSIB announced that the new Special Health Authority created to carry out maternity investigations had been named the Maternity and Newborn Safety Investigations Special Health Authority or MNSI.
The government suggested that MNSI’s aim will be to achieve maximum learning from maternity safety incidents by:
HSIB has also suggested that part of MNSI’s role will be to provide NHS trusts with the expertise, skills and resources to carry out their own maternity safety incident investigations in future.
MNSI is expected to take over HSIB’s maternity investigations from October 2023.
If you have been contacted by MNSI, HSIB, HSSIB or NHS Resolution after the birth of your child or in relation to the mother’s maternity care, we strongly advise you call us immediately on +44(0) 118 952 7201 for free, confidential, specialist advice before you respond. Your child or your family may be entitled to substantial compensation.
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Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients
What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.
I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.
Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.
Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend
I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.
From the moment I picked up the phone and spoke to Richard Money-Kyrle I knew I had done the right thing by choosing Boyes Turner to take our claim forward and to represent my son. Both Richard Money-Kyrle and Alpa Rana have worked on our case and they both have been amazing throughout, explaining every step of the way and anything we didn’t understand and keeping me updated constantly. This gave me and my family a lot of reassurance. Both Richard and Alpa are friendly and gained my trust and have been really easy to talk to which has made the process a whole lot easier and smoother than anticipated. The outcome of the claim was far more than I could have wished for and that was down to their hard work and expertise I couldn’t fault them they have been brilliant throughout the whole process I would recommend Boyes Turner to anyone.