Sepsis is a potentially life-threatening condition that can leave those who suffer from it with lasting damage. In some cases, that harm is entirely avoidable and the result of substandard medical care. If you believe you’ve been on the receiving end of medical negligence, then keep reading to see how and why you could claim sepsis compensation.
Essential Information
- If you have a valid sepsis compensation claim, a solicitor from our panel could represent you in a No Win No Fee claim.
- Sepsis can be caused by bacterial, fungal, parasitic, or viral infections.
- You can claim compensation for the pain, suffering, and financial impacts of your harm.
- Generally, most medical negligence claims must be started within 3 years.
- You will need to have evidence demonstrating how the harm you experienced was caused by substandard medical care.
Contact Us
Whether you would like to share your experience of substandard medical care or want to find out how one of the solicitors from our panel could help you claim compensation, you can contact us by:
- Calling our advisors on 0800 408 7825
- Filling out our online claim form
- Using our live chat
Jump To A Section
- Can I Claim For Sepsis Compensation?
- How Much Compensation For Sepsis Negligence Could I Get?
- Special Damages In Sepsis Medical Negligence Claims
- Examples Of Negligence In Sepsis Claims
- The Time Limit For Bringing Sepsis Negligence Compensation Claims
- How Can I Prove Sepsis Negligence?
- Why Choose Public Interest Lawyers
- No Win No Fee Sepsis Compensation Claims
- Frequently Asked Sepsis Negligence Questions
- More Information
Can I Claim For Sepsis Compensation?
You may be able to claim sepsis compensation if your case fulfils the eligibility criteria established below:
- A medical professional or facility (for example, your local hospital) owed you a duty of care
- They breached this duty by providing substandard care
- Their breach led to you experiencing avoidable and unnecessary harm
When combined, they can form the basis of medical negligence and provide the foundation for a compensation claim. In a healthcare setting, any medical professional who treats you must provide a level of care that meets the minimum standard expected of them. They can meet that expectation in many ways, including:
- Listening to your symptoms and taking them seriously
- Ordering further medical tests if and when necessary
Additionally, several bodies, such as the General Medical Council, provide frameworks of professional standards to help doctors and other medical professionals meet the expected standards of care.
In sepsis compensation claims, it is important to note that not all harm is a result of a medical professional’s negligent actions, and in some cases, sepsis is not preventable. Even if a healthcare professional meets the expected standards, you may still experience the condition.
Claiming Against The NHS For Sepsis Negligence
When claiming against the NHS for sepsis negligence, your case would be handled and managed by NHS Resolution. It is an arm’s-length body of the Department of Health and Social Care with a stated aim of resolving disputes fairly.
NHS Resolution has an independent budget, ensuring that any compensation paid out in successful claims has no impact on public healthcare funding.
Can I Claim On Behalf Of A Loved One?
Yes, you can claim on behalf of a loved one in 2 scenarios: if they are under 18 or mentally incapacitated. In both situations, your loved one would be unable to claim on their own without you or another eligible adult acting as their litigation friend.
This role allows you to not only make a claim on a loved one’s behalf but also make decisions for the case with their best interests in mind. You can apply to act as a litigation friend, or alternatively, you can be appointed by the courts to act on behalf of a loved one.
Fatal Sepsis Compensation Claims
In cases where a loved one has passed, eligible relatives can make fatal sepsis compensation claims. However, in the first 6 months following an individual’s death, only the deceased’s estate is able to make a claim under the Law Reform (Miscellaneous Provisions) Act 1934. The estate is able to claim for the pain, suffering, and financial losses suffered by the deceased prior to death.
During this period, the estate can also claim on behalf of the deceased’s dependants. If the estate doesn’t do so in those first 6 months, then qualifying dependants may claim under the Fatal Accidents Act 1976. The claim aims to reflect how they have been affected by the passing of a loved one.
If you would like to learn more about claiming for a loved one or how to start a fatal sepsis compensation claim, contact our friendly advisors today. They work around the clock, so you can be sure to get a prompt response to any query you might have.
How Much Compensation For Sepsis Negligence Could I Get?
In a successful claim, how much compensation for sepsis negligence you may get can depend on 2 heads of loss:
- General Damages: The physical and psychological impact of the harm you have suffered. This head of loss will also take into account if your quality of life has been impacted.
- Special damages: Any financial loss that has directly resulted from the harm you’ve suffered.
Below, we have provided a table sourced from the Judicial College Guidelines (JCG). Solicitors often use this document to assign a value to general damages, as it publishes suggested compensation brackets for various forms of harm.
Please note that since the brackets are guidelines only, the table does not guarantee compensation. The top entry has also not been taken from the JCG.
| Harm | Compensation |
|---|---|
| Multiple forms of very severe harm and special damages, such as loss of earnings | Up to £1,000,000+ |
| Tetraplegia (also known as quadriplegia) | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Kidney (a) | £206,730 to £256,780 |
| Kidney (b) | Up to £78,080 |
| Bowels (a) | Up to £224,790 |
| Loss of 1 arm (i) | Not less than £167,380 |
| Below-knee amputation of 1 leg | £119,570 to £162,290 |
Special Damages In Sepsis Medical Negligence Claims
As we briefly explored above, special damages in sepsis medical negligence claims can reflect the financial loss resulting from your pain and suffering. If you’ve experienced sepsis, you probably already know that the financial impact can be potentially devastating and long-lasting.
Below, we examine how special damages can form part of your sepsis compensation and what costs they could help you recover. We will also discuss the evidence that may be needed to claim for these financial losses.
Loss Of Earnings
As part of your sepsis compensation, any loss of current or future earnings may be claimed for. This loss applies not only to the impact of missed days at work on your income, but also to pension contributions and work-related benefits. Payslips can act as evidence to demonstrate a loss of current or future earnings.
Gratuitous Care
Suffering from sepsis can sometimes require support from loved ones in the form of gratuitous care from family and friends. For instance, they may have had to take time off from work to prepare meals and clean the home while you were recovering. Your special damages could include any costs associated with the care they provided. Here, evidence might consist of invoices, receipts, and bank statements.
Cost Of Future Care
You may now require round-the-clock care from carers, including professionals, to support your recovery. Care costs can quickly add up if long-term assistance is needed. Sepsis can lead to lasting cognitive impairment, fatigue, and muscle weakness, all of which can have serious implications for an individual’s continued independence. If, for instance, you need full-time nursing care, you could use bank statements or invoices as proof of this out-of-pocket expense.
Cost Of Medical Treatments
Sepsis can have far-reaching consequences for the health of those who experience it. Indeed, those who survive the condition may be more susceptible to infection due to the effects on the immune system. This may lead to private medical treatments or recurring prescription costs.
Cost Of Rehabilitation
For some, sepsis can have lifelong ramifications for those who experience it. While occupational therapy or physiotherapy can be a vital part of the recovery process, the cost of this can be significant. That can also be the case if you need to access mental health services to navigate the psychological impact of sepsis, which can sometimes manifest as anxiety and depression.
If you would like assistance with your recovery, rest assured that one of the solicitors from our panel can help. Whether you could benefit from access to physiotherapists or psychiatrists, they’ll do what they can to put you in touch with these specialists.
Cost Of Adaptations
Suffering from sepsis might have left you unable to use your car or home the same way that you could beforehand. For example, you may now need a wheelchair due to mobility issues, necessitating the installation of a ramp or stairlift in your home. These adaptations can be claimed for so long as you have proof, like invoices or builders’ estimates.
Travel Expenses
Since sepsis often requires long-term monitoring and treatment, you may have needed to travel frequently to a hospital or GP appointments. This cost can quickly add up, whether due to regular bus trips or the expense of petrol and parking fees. Here, you can use receipts for bus fares and petrol, or copies of emails confirming the purchase of train or coach tickets.
Examples Of Negligence In Sepsis Claims
Below, we will explore some examples of negligence in sepsis claims:
- Misdiagnosis: Substandard medical care may result in a misdiagnosis, for example, if a doctor mistakes the symptoms of sepsis for those of a lung infection. In this case, rather than investigate further, the doctor decides against ordering more medical testing, allowing the sepsis to remain untreated, which eventually leads to septic shock and extensive kidney damage.
- Failure to monitor: Sepsis, if left unmonitored, can very quickly become life-threatening. If a medical professional fails to monitor the signs of sepsis adequately, particularly in situations where a patient is at high risk of developing the condition, it could potentially lead to organ damage or failure in serious cases.
- Delayed diagnosis: A patient presents with signs that are similar to those of sepsis and has a higher risk of illness or death. If a clinician fails to make an urgent assessment of the patient, this could lead to severe organ damage, such as liver or kidney failure.
- Inadequate post-operative care: As part of their duty of care, any medical professional should perform sufficient post-operative care to reach the standards expected of them. If, for example, they fail to administer antibiotics to control an infection where necessary, it could result in sepsis and multiple organ failure.
- Surgical errors: Surgeons could be negligent in certain circumstances, particularly if they fail to sterilise their surgical instruments adequately before a procedure. They may also leave foreign objects inside a patient’s body, such as swabs, which could lead to an infection that develops into sepsis.
The Time Limit For Bringing Sepsis Negligence Compensation Claims
There is a 3-year time limit for bringing sepsis negligence compensation claims, as established by the Limitation Act 1980. This time limit begins from either:
- The date of the negligent treatment
- The date of knowledge, established from the point when you realised that you suffered unnecessary and avoidable harm
Exceptions to this time limit apply in cases where an individual cannot claim for themselves because they either lack the mental capacity or are under 18 years of age. Their time limit differs as it runs from either:
- The date someone regains mental capacity. If there is no recovery, then time limits are frozen indefinitely
- 3 years from the date of a child’s 18th birthday
To determine whether your claim still falls within the time limits, please contact our advisory team today, who will be happy to discuss this with you.
How Can I Prove Sepsis Negligence?
In order to prove sepsis negligence, you must provide evidence showing how you suffered unnecessarily due to substandard medical care. Your evidence in sepsis claims could include:
- GP or medical records to provide insight into the level of care you received and the harm you endured
- Any correspondence between you and the medical institution that treated you
- Copies of medical tests and scans
- A personal diary explaining your symptoms, the treatment you received, and any enduring health impact
If you choose to work with a solicitor from our panel, you wouldn’t face the task of gathering this proof by yourself. As part of the services offered, they can help identify and obtain whatever evidence your claim might need. Once they’ve gathered the proof, they’ll focus on assessing the documentation and putting it together into a cohesive body of evidence.
For further information on how to prove a claim, please get in touch with our advisors today. You can also continue reading to find out more about the services available from our panel of solicitors.
Why Choose Public Interest Lawyers
Here at Public Interest Lawyers, we work with a panel of solicitors who have decades of combined experience successfully handling sepsis compensation claims. They completely understand that the decision to pursue compensation is never taken lightly. Mindful of that, each is committed to always putting their clients at the heart of the claims process.
The solicitors from our panel take a personalised approach to each case, offering support through every step of the claim. So, by choosing to work with one of them, you can expect:
- Regular updates about the progress of your claim
- Tailored rehabilitation plan to aid your recovery
- Explanations about complex terminology or otherwise unfamiliar aspects of the process itself
- Ensuring that your sepsis compensation claim is started within the permitted time limit
- Advocating on your behalf to achieve a settlement that reflects the suffering you endured due to medical negligence.
- Providing you with clear answers to any questions you might have about the claim
This is not all that a specialist solicitor from our panel could help you with. To learn more about how they can assist you, please contact our team of advisors today.
No Win No Fee Sepsis Compensation Claims
Our panel of solicitors enable clients to make No Win No Fee sepsis compensation claims regardless of their financial situation. They specifically offer the services highlighted above under the advantageous terms of a Conditional Fee Agreement.
What this means is that you can get started with your compensation claim without paying any upfront solicitor fees. Nor would you pay these fees to progress your claim, or if you lose.
Rather, a small fee would be deducted as a percentage of your compensation if your sepsis claim were successful. This success fee is for the solicitor’s work and is kept small as the percentage is capped in line with The Conditional Fee Agreements Order 2013.
Contact Our Team Of Advisors
To get started with your sepsis compensation claim, contact our advisors today and see if you could be connected with a specialist solicitor from our panel:
- Calling our advisors on 0800 408 7825
- Filling out our online claim form
- Using our live chat
Frequently Asked Sepsis Negligence Questions
Below, we discuss the most commonly asked questions about sepsis.
How Common Is Sepsis?
Sepsis is a common condition, as illustrated by a study published in The Lancet medical journal. This study, using data from 2017, estimated that the UK experienced up to 245,000 cases of sepsis every year.
What Causes Sepsis?
Bacterial infections are the primary cause of sepsis, but fungi, parasites, or viruses can also trigger the condition. Even a minor infection can potentially develop into sepsis in certain circumstances.
What Are The Signs And Symptoms Of Sepsis?
The signs and symptoms of sepsis present differently depending on the individual.
In younger children, some signs include:
- A rash that doesn’t disappear with a glass rolled over it, similar to meningitis
- Difficulty breathing
- Being more lethargic or sleepy than usual
- Blue, grey or blotchy skin, lips or tongue
Symptoms in adults include:
- Slurred speech, not making sense or confusion
- Breathlessness, breathing really fast or difficulty breathing
- Fever or low body temperature
- Extreme pain or discomfort
Is There A Higher Risk Of Certain People Developing Sepsis?
Yes, certain people can have a higher risk of developing sepsis, including:
- Those over 75
- Individuals with diabetes
- Babies under 1, more commonly, prematurely born babies, whose mother had an infection during pregnancy
- Patients with a weakened immune system
- Individuals who have just given birth, experienced a miscarriage, or undergone an abortion
What Are The Treatment Options For Sepsis?
The treatment options for sepsis focus on prompt medical intervention to prevent the risk of septic shock. At the hospital, antibiotics must be administered within 1 to 6 hours of arrival. Depending on the severity of the sepsis, a ventilator may be required to assist with breathing. Some patients may require admission to the intensive care unit or undergo surgery.
What Is ‘Sepsis Six’ And How Is It Used?
The ‘Sepsis Six’ is a clinical set of principles used by medical professionals to identify sepsis as quickly as possible. This framework states that healthcare providers should:
- Provide high-flow oxygen to support the vital organs
- Take blood cultures to test and help discover the source of the infection
- Give patients intravenous antibiotics as soon as possible to begin combating the infection
- Administer intravenous fluids to improve blood pressure as well as organ perfusion.
- Measure lactate levels to determine the severity of the infection and organ failure.
- Monitor hourly urine output to ensure kidney function.
Will Sepsis Lead To Septic Shock?
Early recognition and treatment of sepsis may prevent septic shock, but if it is misdiagnosed or not responded to quickly enough by medical professionals, it can lead to septic shock.
When septic shock occurs, oxygen flow is compromised and cut off from vital organs, posing a risk of organ failure and death in severe cases.
More Information
Read our other guides on:
- How to seek leukaemia misdiagnosis compensation
- Making medication error claims
- Cosmetic surgery claims
Useful external resources:
- Government guidance on how to apply for Statutory Sick Pay
- An overview of sepsis management from the National Institute for Health and Care Excellence (NICE)
- When to call 999 from the NHS
Thank you for reading our sepsis compensation guide.