Sepsis is when the body has a life-threatening reaction to an infection. Sepsis misdiagnosis claims may be made if it goes undiagnosed or misdiagnosed due to the negligent actions of a medical professional. At Public Interest Lawyers, our panel of medical negligence solicitors have extensive experience in dealing with sepsis claims.
Key Takeaways
- Anyone with an infection can develop sepsis.
- Babies, those over 75, diabetics, those with weakened immune systems, those who have had recent surgery or a serious illness or women who have very recently given birth, suffered a miscarriage or had an abortion are more prone to developing sepsis.
- Sepsis is your body’s overreaction to an infection; it is not contagious.
- Keeping up to date with vaccines, practising proper wound care, using antibiotics correctly, and maintaining good hygiene, including regular hand washing, can help prevent sepsis.
- Sepsis requires urgent hospital treatment. Failing to treat it can lead to life-threatening septic shock and organ failure.
If you’ve developed sepsis due to substandard care or you required more intensive treatment because it was missed, you might be entitled to compensation. One of the solicitors from our panel can assist you with your claim on a No Win No Fee basis. To find out if you are eligible, speak to one of our advisors now.
Speak to our advisory team now for further information on medical negligence claims:
- Call on 0800 408 7825.
- Use our ‘contact us’ form for a callback.
- Get in touch with an advisor through our live chat.
Jump To A Section
- Can I Make A Sepsis Misdiagnosis Claim?
- What Are Grounds For A Sepsis Misdiagnosis Claim?
- How Much Compensation Can I Get For A Sepsis Misdiagnosis?
- How Can Sepsis Misdiagnosis Compensation Help Me?
- How Long Is The Sepsis Misdiagnosis Claims Time Limit?
- What Is Needed To Prove Sepsis Was Misdiagnosed Due To Negligence?
- Can I Claim With A No Win No Fee Sepsis Misdiagnosis Solicitor?
- Learn More
Can I Make A Sepsis Misdiagnosis Claim?
Sepsis misdiagnosis claims may be made if the following eligibility criteria are fulfilled:
- A medical professional owed you or your loved one a duty of care.
- They breached this duty.
- You or your loved one suffered from unnecessary harm due to the breach.
When a medical professional treats you or your loved one, they automatically owe you a duty of care. This means that they need to uphold expected standards while providing you with care and treatment. The General Medical Council (GMC) lays down professional standards for doctors, while the Nursing and Midwifery Council (NMC) provides the same for nurses. Therefore, irrespective of the nature of the medical professional’s job role, they need to follow minimum standards and fulfil their duties towards their patients.
If you wish to make a sepsis misdiagnosis claim for a loved one, you will have to apply in court to become a litigation friend. The court will determine your suitability for this position against the following criteria:
- There is no conflict of interest.
- You are capable of making competent and fair decisions.
Once your appointment is approved, you may be able to claim for your loved ones, if they are:
- Minors (below the age of 18)
- Have a limited mental capacity that prevents them from managing the claims process themselves.
Get more information on claiming on behalf of somebody else by speaking to an advisor. One of our advisors can also discuss whether you have a valid reason to move forward with a claim.
What Are Grounds For A Sepsis Misdiagnosis Claim?
Here are some common grounds for sepsis misdiagnosis claims:
Delayed Diagnosis
- A failure on the part of a GP to recognise symptoms which indicate a developing sepsis infection.
- There is a delay on the part of the nurse in obtaining crucial information, such as blood pressure readings or urine sample tests.
Misinterpretation Of Symptoms
- Doctors misdiagnose a symptom of sepsis, such as a rash, as a less serious illness, leading to a delay in treatment.
- A GP misinterpreting test results and administering incorrect treatment.
Inadequate Response To Infection
- Failure to implement immediate measures, such as supplying sufficient intravenous fluids or high-flow oxygen.
- Not acting on abnormal blood test results, or failing to order follow-up tests.
Insufficient Testing
- A patient isn’t assessed thoroughly for sepsis or its underlying causes.
- The nurse fails to notice an infection developing from an open wound.
Errors In Testing Procedures
- Inaccurate results due to incorrectly taking wound cultures.
- Blood cultures haven’t been taken, although they are crucial for identifying the source of infection.
Get in touch with our advisors now to find out more about surgery negligence claims, since a surgical error could lead to the development of sepsis. If you suffered unnecessary harm due to a delay or error in diagnosing you with sepsis, you may be entitled to compensation.
How Much Compensation Can I Get For A Sepsis Misdiagnosis?
The compensation amount in sepsis misdiagnosis claims varies according to the severity of infection and the resulting symptoms. Payouts can consider up to 2 heads of claim: general damages (for pain and suffering) and special damages (for incurred out-of-pocket expenses).
Medical negligence solicitors usually calculate general damages through the Judicial College Guidelines (JCG). The JCG provides a list of illnesses and injuries, along with the guideline compensation figures that may be considered for them.
You can refer to the table below for some of the compensation brackets relevant to sepsis negligence claims. However, the first entry isn’t from the JCG, and this entire table is meant only for guidance.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £1,000,000+ |
| Brain Damage- Very Severe | £344,150 up to £493,000 |
| Brain Damage- Moderately Severe | £267,340 up to £344,150 |
| Injuries Affecting Sight- Complete Blindness | In the region of £327,940 |
| Injuries Affecting Sight- Loss of vision in one eye and reduced sight in the other (i) | £117,150 up to £219,400 |
| Kidney Injury- Severe (a) | £206,730 up to £256,780 |
| Kidney Injury- Severe (b) | Up to £78,080 |
| Kidney Injury- Severe (c) | £37,550 up to £54,760 |
| Psychiatric Damage- Severe | £66,920 up to £141,240 |
| Psychiatric Damage- Moderately Severe | £23,270 up to £66,920 |
Call our advisory team now for more hands-on guidance in calculating septic misdiagnosis compensation. You can also read our guide on how NHS negligence payouts are calculated.
How Can Sepsis Misdiagnosis Compensation Help Me?
Special damages or compensation for financial losses may also be included in sepsis misdiagnosis claims. Some examples of these damages include:
- Loss of earnings due to an inability to return to work or to the same pay grade.
- Medical expenses, such as diagnostic tests and medications.
- Travel costs involved while commuting to and from medical appointments.
- Care and recovery costs, including a professional caretaker, physical aids and home modifications.
Interim Payments
You may be able to seek interim payments in your sepsis negligence claim. These are payments which are made before arriving at a compensation settlement. The intention behind this provision is to help pay for immediate medical costs and other related expenses. The following criteria need to be fulfilled to seek interim payments:
- The medical professional has admitted liability, or if your claim goes to litigation, there is a strong chance of you succeeding.
- There is an urgent medical expense or significant cost that needs to be paid.
- The amount requested is less than the total compensation sought.
Will A Misdiagnosis Of Sepsis Always Be A Result Of Medical Negligence?
No, a sepsis misdiagnosis will not always be a result of medical negligence. The NHS guidance on sepsis states that it isn’t always possible to prevent sepsis, and it can be difficult to diagnose in the following individuals:
- Dementia patients.
- Those with learning disabilities.
- Babies and young children.
- People who struggle with communication.
As discussed in the beginning of our guide, medical negligence occurs when there is unnecessary harm due to a medical professional’s negligent actions. The medical professionals may have followed all guidance regarding sepsis and it still may have been misdiagnosed. Get in touch with our advisors now if you have any other questions about medical negligence.
How Long Is The Sepsis Misdiagnosis Claims Time Limit?
Under the Limitation Act 1980, there is generally a time limit of 3 years to begin sepsis misdiagnosis claims. This time limit commences either on the date when sepsis occurs or the date of knowledge (when you would have been expected to connect the misdiagnosis to substandard care). However, there may be exceptions in the following cases:
- Minors: Since a minor cannot claim compensation until their 18th birthday, the time limit is paused until then.
- Reduced mental capacity: If an individual lacks the mental capacity to make their claim, the time limit is paused indefinitely.
As discussed in the previous sections, a loved one could claim on behalf of these individuals by becoming a litigation friend. By pursuing this route, there would be no need to wait for the time limit to apply.
Speak to an advisor about the time limits for sepsis misdiagnosis claims and to find out if you are still within the limitation period to get a claim started. They can also advise you on being appointed as a litigation friend.
What Is Needed To Prove Sepsis Was Misdiagnosed Due To Negligence?
As we have discussed, it is necessary to prove that the medical professional had a duty of care towards the patient and that a breach of this duty caused unnecessary harm. In order to start your sepsis negligence claim, it is imperative to begin gathering evidence based on the criteria discussed.
Proving Duty Of Care
- Copies of your medical reports diagnosing your illness.
- Records to demonstrate that you or your loved one were under the care of a healthcare provider, such as an A&E department, GP or hospital staff.
Evidence For Breach Of Duty
You must demonstrate that the care you received fell below the standards expected from a competent medical professional. The evidence may include:
- Medical records, such as consultation notes, test results, A&E records, prescription history and discharge summaries.
- Witness statements from you, your family members or carers to describe the symptoms reported and how the healthcare team responded. (You cannot take these statements yourself, but if you provide your solicitor with contact details from anyone who was with you, the solicitor can take them.)
- Expert medical opinion: An independent doctor can assess whether the failure to diagnose or treat sepsis was due to medical negligence.
Proving Causation
You must prove that the incorrect or delayed diagnosis caused avoidable harm or led to a worse outcome. The evidence may include:
- Medical records demonstrating the progression of the illness, such as reports highlighting the deterioration due to a delay in treatment.
- Hospital investigation reports, or NHS serious incident reviews, if applicable.
- Expert evidence highlighting that an earlier diagnosis could have led to better outcomes. For example, septic shock, organ failure, amputation or death could have been avoided.
Other Evidence To Prove Negligence
Some other examples of evidence include:
- Correspondence related to complaints, such as letters or emails to the hospital or the GP and their replies.
- Photographs or diary entries detailing the progression of symptoms and their impact.
- Coroner’s reports or post-mortem findings in fatal cases.
Can I Claim With A No Win No Fee Sepsis Misdiagnosis Solicitor?
Yes, if you have an eligible sepsis misdiagnosis claim, you may be able to work with a No Win No Fee solicitor on our panel. This solicitor will specifically work on a Conditional Fee Agreement (CFA), which means that there are no upfront or ongoing fees for the work they do on your claim. Another advantage of this model is that you won’t pay your solicitor’s work if your claim is unsuccessful.
However, if your claim is successful, your solicitor will deduct a percentage of your compensation before sending it to you. This is called a success fee. Not only does the law place a limit on this percentage, but it will be agreed when your solicitor agrees to support your claim.
Get In Touch With Our Advisors
For more information on the services which the No Win No Fee solicitors on our panel offer, get in touch:
- Call on 0800 408 7825.
- Use our ‘contact us’ form for a callback.
- Get in touch with an advisor through our live chat.
Learn More
You can go through some of our other guides:
- Information on cosmetic surgery claims.
- Details on leukemia misdiagnosis claims.
- Our guide on prescription error claims.
For more information, here are some external links:
- NHS resource on sepsis in children.
- Advice for claimants from NHS Resolution.
- Case studies on GPs and online primary care from the Care Quality Commission (CQC).
Thank you for reading our guide on sepsis misdiagnosis claims. Please speak to an advisor with any compensation claims questions you have.