If you have suffered sepsis due to substandard medical care, then you could be entitled to compensation. Whilst the vast majority of the time, doctors, nurses, and others who treat us do a good job, sometimes mistakes happen, and medical negligence can occur. This guide about sepsis compensation will give you information about how to make a claim.
Sepsis Compensation Claims Key Takeaways:
- If you have received substandard medical care and this harmed you, you could be entitled to compensation.
- The level of compensation is affected by the severity of the harm caused.
- You can include financial losses in your claim if you can prove they were caused by the harm you suffered.
- Generally, sepsis compensation claims must be started within three years, although some exceptions exist.
- Our expert medical negligence solicitors could help you get compensation on a No Win No Fee basis.
Keep reading this guide, or if you would prefer to get started, contact our expert advisors today to learn what they can do for you. Leave your query today via our online claim form, and they will call you back at a time that suits you.
Select A Section
- What Is Sepsis?
- Am I Eligible To Make A Sepsis Compensation Claim?
- How Much Compensation Payouts Are In The UK
- Claiming Special Damages
- Medical Negligence In Sepsis Claims
- Common Causes Of Sepsis
- How To Start A Sepsis Negligence Claim
- Why Choose Our Solicitors?
- More Information
What Is Sepsis?
Sepsis is when the body responds so aggressively to an infection that it causes blood poisoning. Severe sepsis can be fatal. Any infection can cause it, although it tends to affect people with weak immune systems. If left untreated, it can cause septic shock, multiple organ failure, and death.
If you ever experience this condition, you may be able to claim sepsis compensation if negligent medical treatment causes or worsens it. Use the details above to talk to our advisors and learn how.
Am I Eligible To Make A Sepsis Compensation Claim?
You can claim compensation for medical negligence if you can prove that:
- You were owed a duty by a doctor or other medical professional.
- They breached this duty.
- This failure harmed you.
Medical professionals owe a duty of care to every patient they treat. To meet this duty they must provide the minimum expected standard of care. Exact responsibilities vary, but meeting this duty can include things like:
- Performing appropriate tests at the right time
- Taking an accurate and detailed history from the patient
- Giving the correct weight and attention to the symptoms presented (or complained of by the patient)
- Correctly interpreting test results
- Investigating symptoms and considering differential diagnoses
It can be difficult to tell if the treatment or advice you received was below the expected minimum standard. We offer a free case assessment so you can check your eligibility to claim by getting in touch with an advisor. There is no obligation to proceed past an initial conversation, so you have nothing to lose.
How Much Compensation Payouts Are In The UK
Compensation comes in two forms:
- General damages for pain and suffering.
- Special damages for financial losses.
Damages are always based on evidence.
If you hire a solicitor, they will value your general damages with your medical records and possibly a specially prepared medical report. The Judicial College Guidelines (JCG) can also be consulted. These tables list suggested compensation brackets for different severities and types of harm. While they don’t guarantee any particular settlement, they provide a useful frame of reference. Examples follow in the section below.
How Compensation Is Calculated
Compensation for the harm or injuries caused has several factors that influence it. These include:
- The severity of the harm
- How long it lasts
- If symptoms are likely to persist into the future
- The level of rehabilitation or treatment neeeded
- The impact on hobbies and the general enjoyment of life
Below are some examples from the JCG. Please use them only as a guide, as cases vary in value. The top entry does not come from the JCG but represents a case with serious injuries and significant claimable financial losses.
| Harm | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple Incidences Of Harm Plus Special Damages | Very Severe | Up to £1,000,000 or more | Not a JCG figure. Likely to include loss of income. |
| Injuries Involving Paralysis | Tetraplegia | £396,140 to £493,000 | Award depends on age, life expectancy, mobility, enjoyment of life, independence, pain prognosis, respiratory issues, and mental well-being. |
| Paraplegia | £267,340 to £346,890 | Loss of use of the legs. | |
| Shorter Durations | £60,210 | Where paralysis is short lived. | |
| Psychiatric Harm | Severe | £66,920 to £141,240 | Award depends on prognosis regarding life, education, work, relationships, treatment, and future vulnerability. |
| Moderately Severe | £23,270 to £66,920 | Similar to the above but with symptoms that are not as severe. | |
| Damage to Spleen | a) | £25,380 to £32,090 | Damage to the immune means there is an ongoing risk of further disorders. |
| b) | £5,310 to £10,550 | Minimal to no risk of further infection. | |
| Injuries Resulting In Death | Full Awareness | £15,300 to £29,060 | Awareness of intrusive treatment or significant injuries followed by death within 12 weeks. |
| Followed by Unconsciousness | £12,830 to £13,020 | Several hours of excruciating pain followed by death within 2 weeks. |
The table above shows examples only. If you cannot see the harm that applies to you, contact our advisors using the details above. All queries are welcome, no matter your unique situation.
Claiming Special Damages
If you can prove the harm done to you caused financial losses, you can recover them as special damages. This includes income lost because you could not work.
You could prove your loss of earnings with various documents, including past payslips, a doctor’s note, and employer correspondence. Other examples of special damages include:
- Loss of pension benefits.
- Private medical expenses.
- Wages for carers or domestic help.
- Accessibility adjustments to your home.
Our solicitors could help you gather the evidence you need to claim special damages. Use the details at the top of this guide to contact them. They can also answer any other questions you have about sepsis medical negligence claims.
Medical Negligence In Sepsis Claims
Earlier in this guide, we explained some of the steps that might need to be taken for a medical professional to meet the minimum standard of care. Here are some examples of potentially strong medical negligence sepsis claims:
- A surgeon forgets to sterilise the equipment used in an operation. This causes the patient to get an infection, which develops into sepsis. This is an example of a hospital-acquired infection.
- A doctor does not take a proper history from a patient and misdiagnoses a patient as being dehydrated when they, in fact, have sepsis. The delay causes significant harm to the patient.
- Two blood tests are mixed up in a hospital, and a patient with sepsis is left untreated for a period of time as a result. This causes their condition to worsen. This would be hospital negligence.
To discuss your specific circumstances, you can get in touch for a free case assessment.
Common Causes Of Sepsis
Sepsis is caused by an infection, and there are different types that cause this:
- Bacterial infections include infected wounds or cuts, pneumonia or urinary tract infections.
- Viral infections such as influenza or COVID-19
- Fungal infections such as candidiasis
- Parasitic infections (e.g. malaria)
There are several risk factors that increase a person’s risk of infections, and these should be given consideration by medical professionals to help stop them from developing:
- Weakened immune system (e.g. those who have had chemotherapy or suffer from HIV/AIDS)
- Chronic illnesses such as kidney disease
- Invasive devices like catheters, breathing tubes or central lines
- Age (both the elderly and the very young are at greater risk).
If substandard medical care led to one of these infections, which caused you to develop sepsis, you could be entitled to compensation. Please contact an advisor to discuss further.
How To Start A Sepsis Negligence Claim
You can choose to start a sepsis negligence claim yourself, but you may want the help of an expert solicitor to do so. There are various steps that need to be taken, including complying with the Pre-Action Protocol for the Resolution of Clinical Disputes.
Let’s look at some of the major steps involved when bringing a medical negligence case.
Gathering Evidence And Your Medical Records
You back up a medical negligence claim with evidence that proves your case. A solicitor can gather any proof that substandard care harmed you. This might look like:
- Medical records to separate negligence from unfortunate circumstances.
- Correspondence between you and your healthcare provider.
- Contact details of anyone who witnessed your treatment or the harm it caused.
- Receipts or invoices for related financial losses.
- Expert medical evidence
How Long Do I Have To Start My Claim?
The Limitation Act 1980 allows a claim to be started for three years after a negligent incident, but exceptions exist.
- If your symptoms did not show immediately, you can claim for three years from the date you discovered the negligence.
- Children cannot take legal action until they are 18, at which point they have until their 21st birthday.
- Adults can only take legal action if they have the mental capacity. The time limit is paused if there is a lack of capacity, and it commences again if capacity is regained. A claim must be started within three years from the date that the recovery of capacity took place.
Children and adults who lack capacity can be appointed a litigation friend, a trusted person who handles their claim whilst they are unable to claim.
Considering A No Win No Fee Claim
All of our solicitors work on a No Win No Fee basis. That means you can start a claim without worrying about upfront or ongoing solicitors fees.
Under a Conditional Fee Agreement (CFA), your solicitor deducts a small, legally capped success fee from any compensation you receive. You won’t pay a penny for their services if they don’t succeed.
How Long Does It Take To Get A Compensation Payout?
There is no definitive timeline for sepsis claims. Some may be resolved quickly, and others may take longer.
Our solicitors will ensure diligence, care, and the correct level of compensation whilst trying to progress your case in a timely manner.
The reality with any claim for damages is that the sooner it starts, the sooner it can finish. If successful, this means you will recover compensation sooner. Evidence can also become harder to obtain as time passes, so our recommendation is to start a claim as soon as you feel able to do so.
Reach out to an advisor to begin the process of claiming today.
Why Choose Our Solicitors?
Our solicitors are experts in their field. They have helped clients nationwide seek compensation for their experiences with sepsis and substandard healthcare, and they can help you, too, with a No Win No Fee sepsis negligence claim.
Contact our advisors today for a free initial consultation with no obligation. You can ask questions and won’t start a claim until you say so. Leave your query today via our online claim form. An expert advisor will call back at a time that works for you.
More Information
Read the following articles to continue your reading on this subject.
Here are some other guides of ours that you may find useful:
- How to claim for fatal medical negligence on behalf of a loved one.
- Your legal rights if a medical professional fails to obtain informed consent before treatment.
- Check if you can claim medication error compensation.
Here are some further resources from around the internet:
- Benefits and financial support if you’re disabled or have a health condition.
- References and sources by The UK Sepsis Trust.
- Guidance on infection prevention and control from the World Health Organisation.
Thank you for reading our guide about making a sepsis compensation claim.