Can You Sue The NHS For Sepsis?

Sepsis medical negligence claims simply describes a situation where an individual either on behalf of himself or on behalf of a loved sues a hospital (NHS or private hospital) or a medical professional for substandard and negligent treatment causing the individual to suffer sepsis.

Septic Death Definition

Septic death refers to when an individual or a patient dies as a result of sepsis or septic shock. When an individual dies as a result of sepsis occasion by negligent care from the medical staff attending to the person, then the loved ones may be able to make a sepsis wrongful death lawsuit.

Sepsis is also known as Septicemia or blood poisoning and it is a complication which doesn’t happen often but can be fatal and demands emergency response. It arises from the body’s response to an infection in such a way that the body’s immune system overreacts causing many parts of the body to become inflamed, subsequently leading to multiple organ failure, damages to body tissues and finally death.

According to UK Sepsis trust, about 150,00 cases of sepsis are recorded every year and UK deaths from sepsis stands at about 52,000. It also further states that approximately 14,000 sepsis deaths in the UK were avoidable.

The National Confidential Enquiry also made an independent enquiry into patient outcome and death, reporting that more than 33% of the deaths from sepsis is caused by delayed diagnosis.

Those who are more at risk of suffering sepsis are people whose immune systems are weak, those who are admitted in the hospital, the aged people, children as well as people who had just undergone surgery. Cases of sepsis and septic shock- a severe form of sepsis is regarded as a medical emergency. Therefore, early diagnosis of the condition is key towards increased chances of survival, having a total recovery, avoiding further complications and preventing permanent damage or other life-altering disabilities.

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Is It Possible To Die From Sepsis?

A leading consultant and the CEO of UK Sepsis Trust, Dr. Ron Daniels stated that when the sepsis condition is diagnosed and treated within the first hour, the patient has at least 80% survival chance. On the other hand, when the patient stays up to six hours before diagnosis and treatment, the survival chance is only 30%. Statistics have also shown that out of 10 people who suffer sepsis, four will die as a result of delayed diagnosis and treatment.

Therefore, if your loved one has suffered complications or death as a result of medical malpractice leading to septic shock, you may be entitled to an NHS negligence death compensation.

Can I Catch Sepsis From Someone Else?

Even as serious and dangerous sepsis is, you cannot catch sepsis from someone else as the condition is not contagious. It is the infections that cause sepsis that can be transmitted. The causative organisms of sepsis do not infect a person with sepsis, however, they will cause illnesses which when not managed properly can cause the person to suffer sepsis.

Can You Catch Sepsis In Hospital?

Although this does not happen very often, it is still a possibility to contract sepsis while in the hospital. An individual may catch sepsis in the hospital following some procedures or complications after a surgery. It is possible to contract sepsis after a c-section as a result of medical negligence during childbirth, or catch sepsis during labour or even get sepsis after birth in a case of maternal sepsis if these situations are not well managed and the patients adequately monitored. 

Contracting sepsis in the NHS when it could have been easily prevented can be enough grounds to make a compensation claim and sue the NHS for sepsis. 

Can Sepsis Cause Brain Damage?

One of the manifestations of sepsis is low blood pressure and inflammation and this can lead to brain damage which causes cognitive problems as sepsis patients most often become delirious. If the body suffers this very low blood pressure for a long time, the person may suffer hypoxic brain injury as the brain is starved of blood and oxygen. When this happens, the brain damage is permanent.

What Are The Signs And Symptoms Of Sepsis?

The following manifestations can indicate that an individual is suffering from sepsis;

• Speech becomes slurred
• The individual suffers chills and shivering
• There is severe breathlessness 
• The patient suffers abdominal pain
• Loss of appetite
• Sufferer suffers from Confusion or disorientation
• The suffer experiences muscle pains
• There is Skin discolouration
• The individual may also have Skin rashes

Symptoms Of Septic Shock Include;

Septic shock is a case of very severe sepsis and at this point, the chances of survival are very slim. Symptoms include the following;

• Low blood pressure
• Fainting
• The individual becomes confused and mental status is altered
• The individual suffers from extreme lethargy

Negligent Actions That Can Lead To Sepsis Negligence Claims

• Misdiagnosis Of The Condition- which could be wrong diagnosis or late diagnosis leading to further complications as the patient’s condition deteriorates
• Negligent delays in starting treatment
• Failing to conduct required tests to confirm patient’s true medical condition

Have you or your loved one been a victim of medical malpractice leading to septic shock, or has your loved one died as a result of complications arising from medical negligence, you may be able to make sepsis negligence compensation claims or file a sepsis wrongful death lawsuit.

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How To Sue The NHS For Sepsis?

To make a claim for sepsis, you have to show and establish beyond reasonable doubt that the NHS acted negligently, breaching their duty of care to you. You have to show that they failed to provide you or your loved one with standard quality of care leading to the complication which could have been well avoided.

Successfully proving your claims will not only give you a deserving compensation but also help the NHS to look inwards and make appropriate improvements in their service delivery.

We therefore need to establish the following;

• Show that the NHS had a duty of care to you. That the NHS was saddled with the responsibility to care for you and ensure that you receive quality care.
• Show that despite owing you this duty of care, the NHS failed to care for you adequately. You need to show that they breached that duty of care by actions that fell below acceptable medical standard. This is known as “Liability”.
• Show that the breach of duty of care is the direct cause of the septic condition suffered by you or your loved one. This is termed “Causation”. You have to show a causal link between the negligent treatment and the harm suffered else your claim cannot be successful.
• You also have to show how that complication has affected your quality of life- this could be socially, financially or psychologically. This is known as “Damages”.

There are several documents which will help you successfully establish these important areas of your claim. These documents include;

• Detailed statements of what transpired, how the NHS was negligent including actions taken by staff and at what time those actions were taken. Your statement has to be comprehensive.
• Medical records, scans and test results
• Witness reports from family or close friends
• Proof of financial losses incurred (receipts may be required)
• Medical report from independent medical experts after thorough medical examination is carried out on the individual

Even if you are unable to assess these documents, our lawyers are able to help you make them available so that we can build a very strong case for you. In a case where you are yet unsure if you have a claim, you are welcome to speak with us and we will try to address your concerns.

The process of suing the NHS is briefly outlined below;

• Meet with your lawyer to discuss your claims
• Fund your claims after a careful evaluation of your claims
• Gather evidence needed to prove your claim
• Submit a letter to claim and prove liability
• Register your claim in court
• Payment of settlement fee after successful negotiations

Where it is necessary, we can also secure interim payments for you before the final compensation amount is agreed as soon as the defendant accepts liability. The interim payment will help you access medical treatment, take care of your needs ensuring that you are not financially distressed as a result of the negligence. 

Compensation Amount For Sepsis Negligence Claims

Your compensation amount is not predetermined but it is a function of various factors which include-

• The severity of your injury
• Future prognosis or estimated time for recovery
• Psychological impact
• Financial losses incurred including out of pocket expenses
• Costs of further medical treatments
• Travel costs of medical appointments
• Costs of rehabilitation and therapies
• Costs of buying assistive devices and mobility aids
• Accommodation adjustments costs

With these in mind and using our medical negligence NHS calculator in line with the Judicial College Guidelines, we are able to give you a realistic estimate of what your compensation amount could be. We therefore encourage you not to hesitate to make your claims but reach out to us by filling out our online Free Claims Assessment Form and let us take it up from there.

Time Limit For Making Your Sepsis Claims

It is important that you know that you do not have all the time in the world to make your claims. Your time for bringing your sepsis medical negligence claims is limited.

The Limitation Act of 1980 allows for only a three-year window to bring your claims. This limitation period starts from the date the negligent treatment occurred or when you became aware of it. In the unfortunate incident that the person dies, you have three years from the date of death to make your claims.

There are a number of exceptions to this rule. You can read more about it on our page here.

How We Assist Our Clients?

Suing the NHS for sepsis is not an easy task. It requires that you meet specialist medical negligence solicitors to give you the best form of legal representation. With our lawyers, not only will you work with some of the most friendly, approachable, understanding and experienced lawyers in the UK.

What is more, you can make your claims without having to pay a dime with our No Win No Fee policy. You don’t have to worry about any legal fees whatsoever as you will not have to pay us before we begin to represent you. You will also not have to fear paying any fees if the claims weren’t successful in the end.

Only when your sepsis medical negligence claims have been successfully won shall we deduct 25% of your settlement payout as success. Call us on 0800 644 4240 to speak with one of our expert lawyers to get started on your claims.