Sepsis negligence claims solicitors

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.

What is sepsis?

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.

What counts as sepsis medical negligence?

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:

  • quick recognition
  • quick administration of intravenous antibiotics
  • quick involvement of senior doctors

We have helped patients who have been severely injured and families of those who have died after:

  • delays or failure to refer a patient with symptoms of sepsis to hospital
  • delays or failure to admit the patient to hospital
  • delays in diagnosing, misdiagnosis or failure to diagnose sepsis
  • delays or failure in carrying out appropriate tests
  • misinterpretation of test results
  • delays in administering urgent IV antibiotics
  • delay or failure in calling for senior medical review of the patient
  • sending home a patient with sepsis

How Boyes Turner help clients after sepsis negligence

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 negligence FAQ's

  • What causes sepsis?

    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:

    • after surgery
    • after a urinary catheter has been fitted
    • after a long stay in hospital

    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:

    • lung infection (pneumonia)
    • appendicitis;
    • peritonitis – (infection of the lining of the abdominal cavity);
    • urinary tract infection (UTI) of the bladder, urethra or kidneys;
    • infection of the gallbladder (cholecystitis) or bile ducts (cholangitis);
    • skin infections, e.g. cellulitis;
    • post-operative infection;
    • infections of the brain and nervous system, e.g. meningitis or encephalitis;
    • influenza;
    • bone infection (osteomyelitis);
    • infection of the lining inside the heart (endocarditis).

    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.

  • Who is at risk of sepsis?

    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:

    • babies younger than one year of age
    • elderly people over 75
    • people who are frail
    • anyone who is having chemotherapy
    • anyone with a weakened immune system
    • people who have recently had surgery, e.g. caesarean section
    • people who have recently had a serious illness
    • women who have recently been pregnant, given birth
    • people with chronic illness, e.g. diabetes
    • patients in hospital or who have recently been in hospital

    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.

  • What are the signs of sepsis?

    The NHS advises that you should call 999 or take your child to A&E immediately if they have any of the following symptoms:

    • 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.

    You should also seek urgent medical advice if your child has:

    • a temperature:
      • over 38°C in babies under 3 months
      • over 39°C in babies aged 3 to 6 months
      • any high temperature in a child who can’t be encouraged to show interest in anything
      • a low temperature below 36°C
    • abnormal breathing:
      • working harder than normal to breathe
      • making grunting noises with every breath
      • can’t say more than a few words at once (for older children who normally can talk)
      • pauses in breathing
    • toilet/nappies - not urinated or had a wet nappy for 12 hours
    • eating and drinking:
      • newborn baby under 1 month old has no interest in feeding
      • not drinking for more than 8 hours (when awake)
      • green, bloody or black vomit
    • bulging soft spot (fontanelle) on a baby's head
    • sunken eyes
    • child cannot be encouraged to show interest in anything
    • floppy baby
    • weak, "whining" or continuous crying in a younger child
    • confusion in older child
    • unresponsive
    • irritable
    • 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/acting your usual self

    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:

    • 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. Call 999 or go to A&E immediately.

     

  • What are the long-term side effects of sepsis?

    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:

    • 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.
  • What is the treatment for sepsis?

    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:

    • antibiotics
    • IV (intravenous) fluids
    • giving oxygen (if needed)
    • taking blood cultures (to identify which bacteria is causing the sepsis)
    • taking a blood sample (to assess the severity of the sepsis)
    • monitoring urine (to assess severity and kidney function)

    Other tests (to identify the type of infection) will include:

    • urine or stool samples
    • wound culture from the affected area
    • saliva, phlegm or mucus samples
    • blood pressure tests
    • X-rays, ultrasound scans or CT scans

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

  • How much compensation can I claim for sepsis negligence?

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

    • pain, suffering and loss of amenity
    • care
    • prosthetics following amputation
    • specialist equipment and aids
    • rehabilitation and therapies
    • psychological counselling
    • loss of earnings and pension
    • adaptations to accommodation
    • wheelchairs and adapted vehicles
    • extra costs associated with their disability, e.g. extra costs of holidays, travel etc
    • private medical treatment

    Where sepsis negligence has caused the death of a parent or partner, we have helped the bereaved family dependents recover compensation for:

    • funeral expenses
    • bereavement damages
    • the deceased’s pain and suffering before their death
    • financial losses arising from loss of their dependency on the deceased’s earnings and services

Medical Negligence FAQs

  • How much compensation can you get for medical negligence?

    In England and Wales, the law says that compensation for medical negligence should put the injured person back in the position that they would have been in but for the negligently caused injury, in so far as money can. This means that compensation is calculated carefully to reflect the injured individual’s personal circumstances. Whilst the way in which we calculate damages follows certain mandatory principles and practises, the differences in our clients’ injuries, pre-injury lifestyles and post-injury needs means that no two claims will be the same.

    The compensation that an injured person receives from a medical negligence claim depends on:

    • the type and severity of the injury/disability that was caused by the negligent treatment;
    • the cost of meeting the individual’s additional needs which arise from that injury, such as the cost of full-time care, necessary adaptations to housing, therapies, specialist equipment;
    • the financial losses that arise from that injury, such as loss of net income from being unable to work;
    • the length of time that the injured person will be affected by those costs or losses - for example, loss of earnings may be calculated to retirement age, whereas costs of care may continue to the end of life.

    Financial costs and losses will include past losses – from the date of the injury to the date of settlement – and future loss, beginning at date of settlement and projected into the future. Past losses will also include interest.

    All annual (recurring) costs, such as loss of earnings or the cost of care, are multiplied by a ‘multiplier’. The ‘multiplier’ is a figure which represents the number of years that the cost or financial loss will be suffered. It has been adjusted by a ‘discount rate’ which is set by the government. The discount rate allows for the fact that the claimant (injured person making the claim) receives their lifetime’s worth of compensation money early and can invest it and earn interest on it. The aim of the discount rate is to adjust the compensation paid for future losses to ensure that the claimant is neither over nor under-compensated.

    At Boyes Turner we take great care in the way we investigate and gather evidence of our clients’ needs and losses to ensure that our clients receive the maximum possible compensation for their injury. By ensuring that we understand each client’s individual needs, we are able to claim the highest levels of compensation and negotiate the best possible settlements for them.

    Where our client’s life expectation is long or uncertain, it is natural for their family to worry about whether there will be enough money to pay for their care in the long-term future. Where guaranteed provision for lifelong care costs is a priority, we negotiate settlements which combine lump sum payments with guaranteed, index-linked, lifelong, annual payments (known as periodical payment orders or PPOs). The lump sum gives the client flexibility and helps pay for capital costs. The PPO annual payments ensure that the client will always have a regular income which covers the cost of their care. Payments made by PPO are tax-free.

    Each settlement is skilfully negotiated and carefully structured to ensure that the compensation settlement is a source of financial security, certainty and peace of mind for our client and their family.

    Where negligent medical treatment has resulted in the patient’s death, depending on the individual’s circumstances, their family (as individuals or via the deceased’s estate) may be entitled to compensation for:

    • the deceased’s pain and suffering from the date of negligent injury to the date of death;
    • any dependent family members’ ‘loss of dependency’ on the deceased’s income or services;
    • funeral costs and other costs arising from the deceased’s injury and death;
    • a statutory bereavement payment.
  • How can you prove medical negligence?

    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 best evidence is often contained in the patient’s medical records which were written contemporaneously (i.e. at the time of the treatment);
    • reports of investigations carried out by the NHS trust, GP practice or Healthcare Safety Investigation Branch (HSIB);
    • evidence from a coroner’s inquest or pathologist if the patient died;
    • witness statements from our client and other witnesses;
    • any statements from the defendant’s witnesses – the doctors, nurses and other healthcare providers – which have been disclosed by the defendant healthcare professional or the NHS organisation that employed them.

    The experts may also back up their opinion with other reputable sources of professional information, such as:

    • guidelines published by The National Institute for Health and Care Excellence (NICE), relevant professional training bodies, such as the Royal College of Obstetricians and Gynaecologists (RCOG), or guidelines from the NHS Trust where the doctor worked;
    • research studies published in peer-reviewed, medical professional journals, such as the BMJ.

    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.

  • How to make a medical negligence claim

    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;
      • what you think went wrong;
      • about your injuries;
      • how the injury has affected various aspects of your life.
    • advise you about the limitation deadlines (time limits) which apply to your claim;
    • advise you whether we are able to help you investigate your claim.

    If we are able to help you, we will;

    • ask for your medical records or authority to apply for them on your behalf;
    • discuss funding methods for making your claim and take steps to secure the best method of funding;
    • take a detailed statement from you which captures your recollections of the events which led to the injury and are relevant to the claim;
    • instruct medical experts to advise on breach of duty (to prove negligence) and causation;
    • we may also arrange a meeting with the experts and a barrister (counsel) to which you will be invited to attend.

    Once our initial investigations have taken place, we will;

    • discuss with you the strengths and weaknesses (the merits) of your claim;
    • discuss with you our strategy for pursuing the claim;
    • discuss any further evidence that is needed to support your claim;
    • 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.

  • Is there a time limit for claiming medical negligence compensation?

    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:

    • if a child is injured before they are 18, their three-year deadline expires on their 21st birthday. In other words, their time doesn’t start to run until they are 18;
    • if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored;
    • where the injured person has died as a result of negligent treatment, the three-year time limit expires three years after the date of their death;
    • if the injured person couldn’t have known that they had been injured by negligence, the court may allow a valid claim to proceed. In these circumstances, the claim must be issued within three years of when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
    • the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

    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:

    • you may avoid later problems with deadlines;
    • we can advise you how to collect and preserve essential evidence;
    • we can ensure you have the best chance of securing your entitlement to full compensation for your claim.
  • How long do medical negligence claims take?

    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:

    • liability is admitted by the defendant (NHS hospital or doctor);
    • the injured person’s injuries have stabilised and their prognosis (long-term outcome) is clear;
    • the injured person’s needs, the costs of meeting those needs and other financial losses are straightforward and easy to assess clearly.

    Circumstances which make the claim more complex and therefore take longer to resolve include:

    • where the defendant disputes that they were negligent or that the medical treatment given (even where admittedly negligent) caused the client’s injury;
    • where the injured person is a child whose disability is expected to change with their growth and development over time;
    • where multiple experts in different disciplines are needed to assess complex injuries and the likely long-term outcome.

    Our nationally acclaimed clinical negligence solicitors have helped hundreds of individuals and families whose lives have been devastated by medical negligence and we understand the impact that these tragic events and their financial consequences can have. 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.

  • Will I need to go to court to claim medical negligence compensation?

    Our highly experienced medical negligence lawyers are recognised by Legal 500 and Chambers as experts in handling clinical negligence claims. 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:

    • NHS Resolution, the NHS’s defence organisation, decides to test the courts’ approach to a particular type of claim by taking a case all the way to court;
    • there is a point of law in a claim which needs clarification to avoid confusion is future cases;
    • where there is strong disagreement between the medical experts for each side about whether treatment amounted to negligence or caused the injury, needing the court to decide;
    • where there is a factual dispute about what happened between the parties which must be decided upon by the court before liability can be determined.

    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.

  • How to fund a medical negligence claim

    • Legal Aid – for brain injuries at birth

    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.

    •  No win no fee – conditional fee agreement (CFA)

    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.

    •  Legal Expense Insurance

    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.

The biggest relief is that it’s finished. There is no more fighting for anything. They still haven’t said, ‘Sorry, we made a mistake,’ but I suppose they don’t just write out a cheque without some acceptance that they were to blame.

Jan McFadden

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