Making a sepsis medical negligence claim | Steps to take & what to expect

Sepsis is a term used to describe the body's extreme response to an infection that is triggered by a chain reaction. If sepsis is left untreated, it can soon develop into septic shock, which can become life-threatening and extremely dangerous. Sepsis can occur if your body reacts badly to an infection or disease, and it can sometimes be caused by negligence in hospital, nursing home or care home settings. If you believe that sepsis has developed due to medical negligence, there are steps that you can take to make a clinical negligence compensation claim.

Here, we guide you through how to determine whether sepsis has been caused by medical negligence or poor treatment and how to go about making a sepsis medical negligence claim.

How can negligence cause sepsis?

Sepsis develops when your body responds to an infection. When you experience an injury or disease, chemicals are released into your bloodstream to fight any infection that may occur. In instances of sepsis, these chemicals cause inflammation throughout your body instead and can sometimes lead to septic shock, which is a term used to describe the fall of your blood pressure to an extremely dangerous level after an infection.

In the hospital, several instances may put you at risk of developing sepsis. Sepsis is a huge contributor to hospital deaths and, although it can be hard to prevent, some cases of sepsis are easily avoidable with proper medical care and attention. Ways in which infections may lead to sepsis in hospitals include:

• A severe reaction to an infection.
• Symptoms of an infection have been missed or an infection has been misdiagnosed.
• Improper care post-operation or an extreme reaction to an operation which leads to sepsis.
• Recovering from a serious illness that the body is unable to fight off.
• Improper care of an open wound or injury.

Read our full guide to the causes of hospital-acquired sepsis here.

How to tell if sepsis developed due to negligence

If medical negligence has occurred, you may be able to make a compensation claim for any trauma that you have experienced due to poor hospital, nursing home or care home practice. While some cases of sepsis are unavoidable, knowing whether or not you could make a claim is important before taking action. You may be able to provide proof of the following:

Misdiagnosis or delayed diagnosis of an infection

If sepsis was caused by an infection that was ignored or misdiagnosed, this could class as medical negligence and may make for a valid sepsis claim. If the misdiagnosis had not happened, proper treatment could have been given and the sepsis could have been avoided. Proof of delayed diagnosis can also help you to achieve compensation, as this means adequate care was not provided fast enough.

Slow staff response to sepsis

Sepsis can very quickly become life-threatening, so staff must respond quickly if it starts to develop. The failure to respond quickly to sepsis could be classed as sepsis negligence and may be cause for a claim. Sepsis itself can also sometimes be misdiagnosed, which can lead to devastating consequences.

Poor care leading to injury

In extreme instances, poor care given by a medical professional may lead to the development of an injury that was not a problem before hospitalisation. If this injury becomes septic, you could claim compensation.

Failure to monitor sepsis symptoms

Sepsis symptoms must be regularly monitored to prevent the condition from turning into septic shock. If staff do not properly monitor sepsis, it could become dangerous and this could be classed as negligence. Staff should closely monitor patients who are particularly at risk of developing sepsis.

Find out more about whether you can make a claim for sepsis caused by negligence here.

How to make a sepsis clinical negligence claim

Requesting an investigation

If you believe that sepsis has been caused by hospital negligence, you can ask for a formal investigation to be carried out. Investigations are usually carried out by medical law firms who will work with care professionals to retrace the treatment given at the hospital and make a conclusion as to whether the sepsis was caused by negligence.

Can I get compensation?

If the evaluation concludes that sepsis was caused by negligence, you may be able to claim compensation. To carry your compensation claim through, you should ask for assistance from a law firm such as Wake Smith, who will help to make the process as hassle-free as possible.

What impacts sepsis compensation?

The following factors may impact on how much compensation you are likely to receive:

• The severity of sepsis symptoms
• Whether sepsis led to the death of a loved one
• Any emotional and physical trauma caused
• Any time taken from work due to sepsis
• Any travel/medical costs that resulted from the sepsis

What steps should you take to make a sepsis medical negligence claim?

Making any kind of medical negligence claim will require the help of experts, thorough research and sometimes, a court case to settle the claim - though often claims can be settled out of court. All claim journeys will look slightly different, depending on how straightforward the claim is, but most claims will include the same four steps:

• Step 1: Contact a law firm that specialises in medical negligence and request an investigation into your hospital, care home or nursing home treatment.
• Step 2: Gather evidence to support your medical negligence claim. A law firm will support you in this process.
• Step 3: The case may be settled out of court or it may need to go to court to be resolved.
• Step 4: At the end of the claim, you may receive compensation.

What to expect from a hospital negligence claim for sepsis

The compensation that you receive from your claim will depend on the severity of the sepsis and any damage caused to the patient as a result of poor medical care. The court will also consider how sepsis has impacted you financially. Wake Smith will ensure that you get fair compensation with help from our team of experts who are on hand to do everything that they can to help your case.

How long will your medical negligence claim take?

If liability is admitted, the process of making a claim will be reduced; however, when liability is not admitted, these claims may take eighteen months to three years to resolve.

How long do you have to claim compensation for sepsis?

You normally have up to 3 years to claim sepsis negligence.

Can you claim compensation for someone who has died due to sepsis?

You may claim compensation if a loved one has died due to sepsis if there is evidence that it was caused by negligence. You can contact our team of experts today to discuss how this process works.

Choosing the right lawyer

The side effects of sepsis can be extremely damaging, so you must find an experienced medical negligence solicitor to take your case and deliver to you the compensation that you deserve. Wake Smith has a wide range of successful medical negligence case experience, and our clinical negligence solicitors can offer you the expert guidance that is needed to receive your desired outcome.

Do you need help in gathering evidence and making a negligence claim for sepsis? Contact us here, or find out how we can help.

Frequently asked questions

Does sepsis damage the heart?

Not all cases of sepsis will damage the heart, but septic shock can lead to respiratory heart failure.

What are the sepsis red flags?

Hospital staff use the SIRS test (Systemic Inflammatory Response Syndrome) to determine whether patients have sepsis. A patient with sepsis will meet at least two of the following criteria: a temperature of over 38 degrees (or under 36); a heart rate of over 90bpm; breathing rate of 20 or under per minute; and a white cell count of over 12 (taken from a standard blood test). The source of sepsis should be looked for, and if the patient has had surgery, the site of surgery will be the first to be looked at – usually using a CT scan.

Do most medical malpractice cases settle?

Very few cases reach court. If there is sufficiently strong then there is a high chance of settling the case.

What are the complications caused by septic shock?

Septic shock can lead to kidney/liver failure, blood clots in the abdomen, heart failure and respiratory failure.

What organs are affected by sepsis?

The main organ affected by sepsis is the heart. The lungs, liver and kidney may also be affected by the condition.

How should a patient with sepsis be treated?

Treatment for sepsis will typically include aggressive fluid resuscitation, early, broad-spectrum antibiotics, intensive care consultation, central venous pressure evaluation, and occasionally pressors and transfusion. Doctors will also identify the source of any infection, and if necessary, the infection site will be strained.

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What is hospital-acquired sepsis?