Sepsis develops when the body’s response to an infection starts to injure its own tissues and organs. It can move from a mild infection to a life-threatening emergency in a matter of hours, which is why doctors, nurses and paramedics are trained to treat it as an emergency the moment it’s suspected. When that recognition doesn’t happen quickly enough, the consequences can be severe and sometimes fatal. If you or a family member became seriously unwell because sepsis was missed or treated too slowly, you may be able to bring a clinical negligence claim.
What is sepsis and why does speed matter?
Sepsis can be triggered by almost any infection: a chest infection, a urinary tract infection, a wound that becomes infected, or a complication following surgery. Sepsis guidelines describe a “golden hour” for treatment, since the sooner antibiotics and fluids are given, the better a patient’s chances of survival and recovery. Every hour that treatment is delayed increases the risk of organ damage, amputation or death.
Common signs of sepsis
- A high temperature, or in some patients a temperature that is unusually low
- A fast heart rate or fast breathing
- Confusion or slurred speech
- Extreme pain or discomfort
- Clammy or mottled skin
- A feeling that something is seriously wrong, which clinicians are trained to take seriously
In babies, young children and elderly patients, symptoms can be harder to spot, which makes early assessment even more important.
When can a delay in treating sepsis amount to negligence?
Not every case of sepsis is the result of a mistake. It can develop quickly and is not always straightforward to identify in its early stages. Even so, healthcare professionals are expected to follow recognised screening tools and to escalate treatment when a patient shows warning signs. A claim may arise where:
- Symptoms of infection were not properly assessed or recorded
- A patient reporting worsening symptoms was sent home without adequate safety-netting advice
- Blood tests or observations indicating sepsis were not acted on
- Antibiotics were delayed
- A patient was not escalated to intensive care when their condition deteriorated
Proving a sepsis negligence claim
As with any clinical negligence claim, two things need to be shown: that the care fell below the standard reasonably expected of a competent healthcare professional, and that this failure caused harm that could otherwise have been avoided or reduced. Independent medical experts are usually instructed to review the medical records and give an opinion on both points, including how the patient’s outcome might have differed with earlier treatment.
The long-term impact of sepsis
Even patients who survive sepsis can be left with lasting effects, including organ damage, chronic fatigue, post-sepsis syndrome, or the loss of fingers, toes or limbs in the most severe cases. For families who have lost a loved one to sepsis, a claim can also help answer difficult questions about what went wrong and press for changes that protect future patients.
Frequently Asked Questions About Sepsis Claims
How long do I have to make a sepsis negligence claim?
In most cases, you have three years from the date of the negligence, or from the date you first became aware that negligent treatment may have caused your injury, to start a clinical negligence claim. There are exceptions, including claims involving children or people who lack mental capacity, so it’s worth seeking advice even if you think time may be against you.
Can I make a claim if a loved one died from sepsis?
Yes. Where sepsis has led to a person’s death, family members may be able to bring a claim on behalf of the estate, and dependants may also be entitled to claim for their own losses. These claims can also help establish what went wrong and may encourage changes in care for future patients.
Do I need to pay anything upfront to bring a claim?
Our clinical negligence claims, including sepsis claims, can be funded on a no win, no fee basis, meaning there’s no financial risk in finding out whether you have a case.
What if the hospital says nothing went wrong?
It’s common for hospitals to dispute negligence claims, which is why independent medical expert evidence is so important. If appropriate, your solicitor will arrange for your case to be reviewed by independent experts who are not connected to the hospital involved.
How Our Medical Negligence Solicitors Can Help
If you or a family member has suffered harm because sepsis was misdiagnosed or treated too slowly, our clinical negligence team can help you understand whether you have grounds for a claim. We will review your medical records, work with independent experts, and explain your options clearly at every stage. To speak with our team in confidence, call 01244 354688 for a no-obligation discussion about your situation.
