An over-reaction of the immune system or blood infection can be a life-threatening condition. If you turned to a hospital or treatment centre for care and they failed to spot this, you could be entitled to sepsis compensation. Starting a medical negligence claim is not something you have to face alone. So whether it’s for yourself or a loved one, read on to learn how Medical Negligence Solicitors UK Co can help you.
Essential Information
- All registered healthcare providers have an obligation not to cause unnecessary or avoidable harm.
- If they fail in some way and a patient contracts sepsis, a compensation claim can apply for the pain, anguish and financial harm caused.
- There is a 3-year time limit for starting medical negligence compensation claims, but this can vary. You can also claim on behalf of a loved one.
- You can request copies of your medical records as evidence to strengthen a claim of negligent healthcare.
- Our solicitors can help eligible claimants start a claim by providing their legal services through a No Win No Fee-type agreement.
We will explore these topics and more in the sections to follow. Please reach out to our advisory team with any questions as you read. They’re happy to provide free, no-obligation guidance on how to claim sepsis compensation:
- Call to speak with us on 0330 123 0546
- Submit a claim online.
Frequently Asked Questions
- How To Claim Sepsis Compensation
- What Compensation Can Be Awarded For Sepsis Negligence?
- The Factors That Determine The Final Sepsis Compensation Amount
- What Are Some Examples Of Sepsis Medical Negligence?
- How Long Will I Have To Bring A Sepsis Compensation Claim?
- What Do I Need To Prove Negligent Sepsis Care?
- No Win No Fee Sepsis Compensation Claims
- Sepsis FAQs
- More Information
How To Claim Sepsis Compensation
Knowing how to claim sepsis compensation starts with understanding eligibility. Three criteria need to be demonstrated before you can get started:
- You were owed a duty of care by the healthcare professionals treating you (this automatically applies).
- The hospital or professional involved failed to deliver treatment to expected standards as per their duty of care.
- You contracted sepsis because of this failure, or the infection was missed.
With all three points in place, you could have eligible grounds to start a sepsis compensation claim.
Can I Make A Sepsis Claim Against The NHS
Yes, you can make a compensation claim against the NHS. Normally, this is done through an arm’s length body of the Department of Health and Social Care called NHS Resolution. This deals with complaints about care and can award compensation if a medical negligence claim is successful.
If you have proof that the NHS failed to follow the correct procedures for cleanliness and infection control, NHS Resolution may award compensation for the harm you experienced. Our solicitors can help build and guide claims like this.
Sepsis Compensation Claims On Behalf Of A Loved One
Minors and those lacking mental capacity cannot start medical negligence compensation claims themselves. To get around this, the courts can appoint a family member, friend, solicitor or guardian to act as a litigation friend.
In this role, the litigation friend makes decisions in the person’s best interests. They might need to attend court for them or make decisions about compensation. If you would like to learn more about being a litigation friend and starting a sepsis compensation claim for a loved one, speak to our advisory team.
Fatal Sepsis Medical Negligence Claims
For the first 6 months after the loss, only the estate can make a claim for the deceased person’s pain, suffering and financial harm. This is according to the Law Reform (Miscellaneous Provisions) Act 1934. They may, however, claim on behalf of dependants.
After the first 6 months, the Fatal Accidents Act 1976 states that certain qualifying relatives (dependants) can bring a claim. Typically, this term covers:
- Current or former spouses.
- A person who lived as a spouse with the deceased for at least 2 years before their death.
- Parents, step-parents or those treated as such by the deceased.
- Children, step-children or others treated as such by the deceased.
- Extended relatives like siblings, aunts and uncles.
Any compensation awarded aims to reflect the wider emotional and financial impact of the person’s death on the family. It acknowledges:
- The loss of any income the family relied upon (financial dependency).
- Loss of services in the home, such as childcare or DIY.
- Funeral costs.
- The loss of consortium. This refers to the impact of losing a special person as well as losses that cannot be quantified elsewhere.
Bereavement Award
In addition to a claim for these issues, the family can seek a statutory bereavement award from the Government after an unlawful death. This is currently £15,120 in England and Wales and is divided between all those family members who apply for it.
A general time limit of 3 years applies to making a fatal medical negligence claim. This can start from one of two dates:
- The date of death.
- The date of a post-mortem or inquest.
If you would like help to set out a claim after the wrongful death of a love one because of a sepsis infection, speak to our advisory team. They could connect you to an expert fatal medical negligence solicitor from today.
What Compensation Can Be Awarded For Sepsis Negligence?
The compensation awarded in a successful sepsis negligence claim varies according to individual circumstances. Because it can vary so much, it’s a good idea to consult an expert and get a more accurate assessment of what you might really be owed. It’s also helpful to understand how the claims calculation process works.
The table below has excerpts from a publication called the Judicial College Guidelines (JCG). This is a document often used alongside medical evidence as a starting point for calculating general damages. These assess the physical pain and psychological harm caused by sepsis. Also, this head of loss will take into account the severity of the illness and its duration. Impact on the person’s overall ability to derive pleasure in life is also considered (loss of amenity).
The table is purely a guide. The figures in it come from the JCG and are based on past successful cases in England and Wales. Furthermore, our top-line entry does not originate from the Judicial College Guidelines:
Compensation Guidelines
| HARM | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple forms of severe harm with Special Damages. | Severe | Up to £1 million plus. | This reflects more than one form of severe harm with financial losses in income, mobility aids, care provision and other out-of-pocket expenses. |
| Injuries affecting sight | (a) Total blindness and deafness | In area of £493,000 | Cases that rank as the most devastating. |
| (b) Total blindness | In the area of £327,940 | Total sight loss. | |
| Brain/Head | (a) Very severe | £344,150 increasing to £493,000 | Cases where some ability to follow instruction remains but there's little meaningful interaction with environment. |
| (b) Moderately severe | £267,340 increasing to £344,150 | A very serious disability with substantial reliance on others, as well as constant professional care. | |
| Kidneys | (a) Serious | £206,730 increasing to £256,780 | Cases of serious permanent damage to, or loss of both kidneys |
| (b) Significant | Up to £78,080 | Where there's a significant risk of future infections of the urinary tract or other total function loss | |
| (c) Lost kidney | £37,550 increasing to £54,760 | Loss of one kidney but no damage to the other. | |
| Arm | (b) Loss of one arm | Not less than £167,380 | Cases where the arm is amputated at the shoulder. |
| Leg | (iv) Below knee amputation on one leg. | £119,570 increasing to £162,290 | A straightforward below-knee amputation without complications. |
The Factors That Determine The Final Sepsis Compensation Amount
Other factors might determine the final sepsis compensation amount you receive and these are dealt with under special damages. Broadly, this head of loss looks at the financial harms caused by the sepsis infection.
Loss Of Earnings
A serious sepsis infection would likely cause a prolonged absence from work. With the wage slips, bank statements or HMRC documents to prove this loss of earnings, it could form part of the claim. Furthermore, our solicitors can calculate projected lost earnings and ensure these are included in the compensation total.
Medical Cost
The bills for any private medical care can be put forward as part of the claim. Keep hold of all paperwork relating to any private treatment that you needed to undergo.
Gratuitous Care Or Carers
‘Gratuitous care’ is the term used to describe help that others provide to you. The time that family or friends spent looking after you as you recover can be quantified and form part of the claim. In addition to this, there will be receipts for amounts paid to professional carers, so keep hold of all these as well.
Recovery And Rehabilitation
A sepsis infection might leave a person very poorly. They could be faced with weeks or months of recovery. They might need to regain mobility skills or other abilities. If they sought help for this rehabilitation, there might again be a cost which can be reimbursed. The receipts or statements from the carer involved helps prove this cost.
Adaptations Or Aids
Similarly, you might be faced with costs for medical aids and equipment that are needed on a temporary or permanent basis. Special damages are a way to put forward evidence of these costs so that you’re not left out of pocket for anything you needed to recover.
Travel Expenses
An illness like sepsis can entail travel back and forth to hospitals or specialists’ appointments. Therefore, it’s important to keep all the bus or train tickets, taxi receipts and proof of petrol and parking.
Sepsis Interim Payments
Interim payments are small amounts of compensation that can be paid prior to the claim finalising. Each request is considered individually. They must be proportionate and relevant to the claimant’s needs, such as medical treatment or support for household bills. Any interim payment amounts made are then deducted from the final compensation when it is paid out.
A solicitor could help you gather evidence to support special damages, which can vastly impact your settlement amount. They can also help you apply for interim payments if appropriate. So if you would like to see whether our solicitors could handle your sepsis compensation claim, start by speaking with our advisory team.
What Are Some Examples Of Sepsis Medical Negligence?
Next, we look at some example scenarios where a sepsis infection could be missed or even caused by medical professionals:
- A GP fails to recognise the early signs of a sepsis infection.
- A doctor mistakes sepsis symptoms for some other illness. Because of this misdiagnosis, the wrong treatment programme is followed.
- A specialist takes too long to spot sepsis, and the delayed diagnosis allows the condition to worsen.
- The hospital fails to administer antibiotics promptly enough, and the sepsis gets worse.
- Healthcare staff ignore or omit to follow sepsis treatment protocols as outlined by the National Institute for Health and Care Excellence (NICE).
- Inadequate wound care by those involved exposed the patient to contamination.
- A patient with a suppressed immune system (while receiving chemotherapy) was not assessed as being at higher risk of sepsis and became ill.
- Surgical errors such as leaving a swab or foreign object in the patient cause sepsis.
- An NHS or private nursing home fails to monitor the position of an elderly resident, and they develop pressure sores, which become infected and cause sepsis.
Whatever negligent act applies in your case, you could access legal representation to start a sepsis compensation claim. Call now to see if they can help you or a loved one.
How Long Will I Have To Bring A Sepsis Compensation Claim?
A time limit of 3-years applies to making a sepsis compensation claim. The Limitation Act 1980 details this. In most instances, the time limit can start from one of two dates:
- The date of the medical negligence itself.
- The date of knowledge. This is the moment at which it is fair to assume that the person connected their harm with the negligent care they received.
Time limits can be adjusted for two groups:
- A pause applies for minors until they turn 18. From this date, they are allowed 3 years to start a claim.
- An indefinite pause applies for claimants without the sufficient mental capacity to claim independently. If their capacity returns, they have 3 years to start a claim from that recovery date.
- As we explained in the section above, both these groups can have a claim begin straight away if someone acts as a litigation friend for them. This only applies while the pauses are in effect.
Our advisory team are available right now to discuss medical negligence claim time limits or any other questions about how to claim sepsis compensation.
What Do I Need To Prove Negligent Sepsis Care?
There are pieces of key evidence that can be used to prove negligent sepsis claims. It includes the following:
- Copies of any and all correspondence with the NHS or private healthcare provider about your complaint and the care you received.
- Copies of your medical records, test results, surgical details and treatment plans that can prove an exposure to sepsis, a delay in diagnosis or other causation.
- A personal statement about your health and state of mind.
- Statements from anyone who witnessed the negligent care being administered.
- Photos and videos of any visible symptoms of sepsis or related illnesses.
- Photos of the likely cause of the sepsis, such as unhygienic conditions or equipment at the hospital.
- Financial documents that prove incurred costs caused by the sepsis infection.
- Proof of medications or creams that you needed to treat symptoms.
- The names of any negligent doctors or staff involved.
It may seem daunting to collect evidence, but you don’t have to face the process alone. We could help. Start by calling our advisory team, and if your sepsis medical negligence compensation claim appears strong, they could direct you to our solicitors.
No Win No Fee Sepsis Compensation Claims
You could qualify to start a sepsis compensation claim with a solicitor under a type of No Win No Fee agreement. At Medical Negligence Solicitors UK Co, we can take care of the entire claims process from start to finish. If the claim is eligible and you choose to go ahead with our services, you can expect:
- Help gathering evidence.
- An accurate and detailed evaluation of the compensation claim.
- All legal jargon explained.
- Time limits and court deadlines met on time.
- Full negotiations with the NHS or private clinic on your behalf.
- Solid advice on the best time to accept (or refuse) a settlement.
Our solicitors offer services like this through a Conditional Fee Agreement (CFA). This way of working with a solicitor does not ask for any immediate upfront fees for your solicitor’s work. It also means that work can go forward on the claim at no cost for their services. Furthermore, there are no solicitor’s fees to pay if the claim fails.
Successful sepsis compensation claims require a success fee to be paid to the solicitors. This is deducted as a small percentage of the compensation and is restricted by a law called the Conditional Fee Agreements Order 2013. This enables you to keep the majority of the compensation.
If you’d like to learn more about making a sepsis compensation claim like this, begin by speaking with our advisory team on these contact options:
- Call to speak with us on 0330 123 0546
- Submit a claim online.
Sepsis FAQs
What Are The Sepsis Symptoms?
According to the NHS, the early symptoms of sepsis are sometimes hard to spot but they can include:
- Grey, blue or blotchy skin, tongue or lips.
- An increase in body temperature or a fever.
- Confused or slurred speech.
- A rash that doesn’t fade when a glass is rolled over it (similar to meningitis rashes).
- Breathing difficulties.
- Increased blood pressure or irregular heart rate.
These symptoms often present in babies and young children along with an unusual cry or excessive sleepiness.
Who Is Most At Risk Of Developing Sepsis?
The condition can affect anyone, but the following are at higher risk:
- Babies under the age of 1 year old (particularly if born prematurely).
- Adults over 75 (or frail people).
- People with diabetes.
- People on long-term steroids or immunosuppressant drugs for conditions like rheumatoid arthritis.
- People with a genetic disorder that weakens their immune system.
- Those with a weakened immunity whilst receiving cancer treatment or after major surgery in the last 6 weeks.
- Those with an immune system weakened by another disease or infection, such as HIV.
- Women who have just given birth, miscarried or had an abortion.
- People using catheters or indwelling lines.
- Drug users.
What Are Some Complications Of Sepsis?
According to NICE, some complications of sepsis include:
- Death.
- Organ failure and dysfunction.
- Recurrent and secondary infections (lowered immune system).
- Coagulopathy – This is when the blood cannot clot normally and it can cause pulmonary embolism or deep vein thrombosis.
- Hearing loss and neurological defects.
- Sight loss.
- Disability with cognitive function.
- Gangrene and organ damage (from severe sepsis).
- Anxiety, increased stress and a diminished quality of life.
Is Sepsis Always A Result Of Medical Negligence?
Not always. Due to overlapping symptoms or a patient presenting with abnormal symptoms, it may be possible for a medical professional to miss the illness despite providing high levels of care to the expected standard.
Can Sepsis Be Prevented?
In some cases, yes. According to NICE, in a hospital setting, sepsis risks can be reduced by closely monitoring any patients presenting symptoms. Locating the potential source of contamination and taking steps to clean and sterilise the area are other proactive ways to prevent infection. Good hygiene and wound care can significantly reduce sepsis risk in hospitals.
Can Sepsis Be Treated?
Yes, sepsis can be treated with antibiotics if caught early enough. However, if not caught early, it may require more intense treatment.
As stated, please reach out to advisors if you have your own questions about a sepsis compensation claim.
More Information
Whilst this guide focused on how to claim sepsis compensation, you might find these other resources from our website useful:
- This article looks at how to claim for a delayed diagnosis.
- Here we explore hospital negligence claims in more depth.
- Also, read about how to claim against the NHS or negligence.
External reading to help:
- This A – Z resource from the NHS looks at sepsis.
- The General Medical Council provide information on the professional standards expected from its members.
- Lastly, here is help on getting copies of your medical records.
Thank you for reading our sepsis compensation guide, and please feel free to connect with our advisors for any further help.