Sepsis Misdiagnosis Claims

Sepsis is an inflammatory immune response caused by an infection.  It is sometimes called septicaemia or blood poisoning.  In most cases it is caused by a bacterial infection; however, fungal, viral and protozoan infections can also lead to the disease developing.  Sepsis causes your body’s immune system to overact and start to damage the organs and tissues.

Certain people are vulnerable to sepsis, including:

• babies under one, particularly if they’re born early (premature) or their mother had an infection while pregnant
• people over 75
• diabetics
• those with a weakened immune system, such as those having chemotherapy treatment or who recently had an organ transplant
• individuals who have recently had surgery or a serious illness
• women who have just given birth, had a miscarriage or have had an abortion

The signs of sepsis can be challenging to spot, especially in children.  This is why it is often misdiagnosed or there is a delay in diagnosing sepsis.

For babies and young children, symptoms of sepsis include:

• blue, pale or blotchy skin, lips or tongue
• a rash that does not fade when you roll a glass over it
• difficulty breathing (you may notice grunting noises or their stomach sucking under their ribcage), breathlessness or breathing very fast
• a weak, high-pitched cry that’s not like their normal cry
• not responding like they normally do, or not interested in feeding or normal activities
• being sleepier than normal or difficult to wake

Symptoms in older children and adults include:

• acting confused, slurred speech or not making sense
• blue, pale or blotchy skin, lips or tongue
• a rash that does not fade when you roll a glass over it
• difficulty breathing, breathlessness or breathing very fast

In the case of both children and adults, not all symptoms listed above may be present.

There has been a recent campaign throughout the UK healthcare system called The Sepsis Six.  This is a care pathway which is part of the UK Sepsis Trust’s recommended approach to diagnosing and treating sepsis.  The following six steps should be taken immediately if sepsis is suspected:

• Give the patient oxygen to maintain levels
• Give intravenous antibiotics
• Take blood cultures to identify the source of the underlying infection
• Give intravenous fluids
• Check lactate levels
• Monitor urine levels

Failure to treat sepsis properly can amount to negligence and compensation may be claimed.

Late diagnosis, misdiagnosis, or negligent treatment of sepsis can lead to catastrophic injuries, including:

• brain injury
• organ failure
• amputations resulting from blood clots developing and causing gangrene
• severe muscle and joint pains
• death

Psychological injury can also develop.  Many sepsis patients experience:

• insomnia
• nightmares, vivid hallucinations, and/or panic attacks
• decreased mental (cognitive) function
• loss of self-esteem and self-belief
• depression

Compensation can help fund rehabilitation, counselling, adjustments to your home, and other costs associated with making your life as positive as possible despite having suffered sepsis.

To make a sepsis compensation claim, speak to one of our sepsis compensation Solicitors today.  They will take the time to listen to the details of your case in an empathic and caring manner and advise if you have grounds for a claim.

Our team will assess whether the duty of care owed to you was breached, and whether breaching this duty of care caused your injuries.  If so, you are likely to have a strong case for compensation.

Your solicitor will take strain off you and handle your case for you, including collating the necessary evidence (including medical records and correspondence) and will write to the organisation responsible for your care, stating the grounds for your claim.  Our team are best placed to be able to understand the response and move your claim forward to a satisfactory resolution.

Yes; the ‘limitation’ period to bring a claim for medical negligence is generally three years from the negligent treatment, or date of knowledge of the injury.  This means that if you became aware of the injury or diagnosis weeks, months, or even years later, the three-year period is likely to commence from that point.  In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons, so it is important to contact us as quickly as possible

Yes; Devonshires Claims provide a ‘No Win No Fee’ sepsis compensation claims service.

If you win your case, there will be some deductions from your damages**.

If your sepsis compensation claim is complex, it may take up to three years to complete.  Factors influencing the amount of time the case will last include:

• the severity of your sepsis and associated complications
• your long-term prognosis
• whether ongoing care is required
• how much rehabilitation you need
• whether you require costs to cover home modifications
• whether the defendant admits liability (if they do, claims can usually be concluded much faster).

Compensation claims for sepsis medical negligence not only reflect the physical and mental pain and suffering experienced but also:

• Allow you to obtain justice for the mistreatment and negligence you experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide you and your family with an explanation of the incident and an apology if shortcomings are acknowledged
• The amount paid in compensation will depend on several factors:
• Your pain and suffering
• Your prognosis
• The impact of the delay and / or negligence on your health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
• Any financial losses you have incurred as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
• Any future financial losses, e.g. loss of wages, loss of promotion prospects, pension

Compensation for medical negligence injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the trauma on lifestyle and quality of life.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.