In this guide, we will discuss when you could be eligible to make a medical negligence claim after you developed sepsis in a hospital. All medically trained professionals owe their patients a duty of care. This means that they must provide the correct standard of care. Should they fail to do this, it could cause you, their patient, to suffer avoidable harm. This is medical negligence, for which you could be eligible to claim.
I Developed Sepsis In Hospital – Can I Claim Compensation For Medical Negligence?
As we move through this guide, we will discuss in more detail the criteria of eligibility that you must prove to bring forward a medical negligence claim, and provide examples of the evidence you could acquire to do this. Also, we will explore how a medical negligence compensation settlement can be calculated in the event of a successful case.
Finally, we will provide information on the potential benefits of entering into a No Win No Fee agreement with a solicitor. Depending on the contract you’re offered, this can mean not paying upfront or ongoing fees for your solicitor’s services.
If you would like to discuss your potential hospital negligence claim after you developed sepsis due to a medical professional providing a substandard level of care, please speak to a member of our team. Our advisors are available to give free and confidential advice 24/7. Therefore, you can reach out at a time most convenient for you.
To get in touch:
- Call our helpline on 0800 652 3087
- Contact us via our online form
- Use the live chat window on this page to speak to an advisor
Select A Section
- Can I Claim If I Developed Sepsis In Hospital?
- How Medical Negligence Could Cause Sepsis
- How To Show Hospital Negligence Caused Your Sepsis
- What Could I Claim If I Developed Sepsis In Hospital?
- Can I Make A No Win No Fee Medical Negligence Claim If I Developed Sepsis In Hospital?
- Learn More About Claims For Negligent Hospital Care
Can I Claim If I Developed Sepsis In Hospital?
According to the NHS, sepsis, also known as blood poisoning and septicaemia, is an immune system reaction to an infection, and can be life-threatening. This is because the reaction causes damage to your own body’s tissues and organs.
This could lead to tissue damage, septic shock, organ failure, amputation and, in extreme cases, sepsis can cause death. Similarly to infections, sepsis treatment can involve antibiotics.
It’s important to note that sepsis cannot be caught from another person, and anyone can get it. However, there are certain groups of people more likely to get sepsis. This can include people with diabetes and people with a weakened immune system, such as those who have recently had an organ transplant or those who are having chemotherapy treatment.
To make a medical negligence claim after you developed sepsis in a hospital, there are eligibility criteria that your case must meet for it to be considered as valid. These are as follows:
- Firstly, a medical professional, such as a doctor, owed you a duty of care.
- Secondly, this medical professional breached their duty of care.
- Finally, as a consequence of this breach, you suffered avoidable harm.
It is important to note that not all cases of a patient developing sepsis in a hospital will form the basis of a valid medical negligence claim. It is important that you can prove, in your case, a medical professional breached their duty of care and this led to you suffering unnecessary or avoidable harm.
In addition to meeting the eligibility criteria above, your hospital negligence claim must be started within the relevant limitation period, which we discuss in more detail in the following section.
How Long Do You Have To Claim For Hospital Negligence?
For medical negligence claims, the relevant time limits are laid out by the Limitation Act 1980. This states that generally, you have three years to begin legal proceedings. This three-year limitation period can run from either:
- The date that the medical negligence occurred, or
- The date that you learned of a connection between the harm you suffered and negligence.
It is important to note that there may be exceptions to these time limits under certain circumstances. To learn more about the time limit applicable to your potential claim or to enquire about an exception in connection with your case, please get in touch with one of our advisors today. What’s more, they can provide insight and advice regarding your eligibility to make a hospital negligence claim.
How Medical Negligence Could Cause Sepsis
Below we will provide potential examples of how a medical professional providing care that falls below the correct standard could lead to a patient developing sepsis in a hospital:
- A person with diabetes may attend a hospital due to having a sore on their foot. Despite showing signs of infection, no treatment is given resulting in the person developing sepsis. As a result, their foot needs to be amputated.
- Despite a patient clearly describing all of their symptoms to a medical professional, their is a failure to diagnose an infection or carry out further testing. This leads to the worsening of a condition and the development of sepsis. As a result, the person experiences kidney failure.
- If a person is receiving treatment for an infection through antibiotics and there is a mistake with their medication; for example, it is mixed up with another patient’s treatment, their condition could worsen, and they may develop sepsis.
If you developed sepsis in a hospital due to a medical professional breaching the duty of care owed to you, please speak to one of our advisors to learn whether you could have valid grounds to bring forward a medical negligence claim.
How To Show Hospital Negligence Caused Your Sepsis
To pursue compensation, it is important for you to provide proof of medical negligence. To do this, you could obtain the following:
- A copy of your medical records detailing your symptoms and treatment.
- The results of an independent medical assessment.
- The contact details of any potential witnesses.
- Any test results, such as blood tests.
- A diary you have kept detailing the progression of your condition.
- Any prescriptions for medication.
In addition to the evidence above, the Bolam test may also be applied to your case. This is where other relevantly trained medical professionals evaluate the standard of care you received. If these test findings support your case, you could use these as evidence to strengthen your claim.
Please don’t hesitate to speak to a member of our team if you would like to find out more about the steps you could take after you developed sepsis in a hospital due to the failings of a medical professional.
What Could I Claim If I Developed Sepsis In Hospital?
For a successful hospital negligence claim, you could receive a settlement comprised of up to two types of damages. The first of these is general damages, which compensates for the pain and suffering caused by the medical negligence. This considers the severity of the avoidable harm you suffered and the effect it has on your quality of life.
The table below is a guide to general damages for medical negligence claims involving the development of sepsis. To make this table, we used information from the Judicial College Guidelines (JCG), which can also be used by medical negligence solicitors to help them value a claim.
Table Of Guideline Compensation
| Type of Harm | Severity | Notes on this Harm | Guideline Compensation Brackets |
|---|---|---|---|
| Brain Damage | (a) Very Severe | The person will display little or no evidence that they meaningfully respond to their environment and will need full-time nursing care. | £282,010 to £403,990 |
| Brain Damage | (b) Moderately Severe | The person is very seriously disabled. | £219,070 to £282,010 |
| Brain Damage | (c)(iii) Moderate | The person's concentration and memory are affected, and their ability to work is reduced greatly, if not completely removed. | £43,060 to £90,720 |
| Leg | (a)(ii) Amputation | Both legs amputated below the knee. | £201,490 to £270,100 |
| Leg | (a)(iii) Amputation | One leg amputated above the knee. | £104,830 to £137,470 |
| Kidney | (a) Permanent and Serious | Damage to or loss of both kidneys. | £169,400 to £210,400 |
| Kidney | (b) Total Loss of Natural Kidney Function | There is a complete loss of natural kidney function. | Up to £63,980 |
| Arm Amputation | (b)(i) Loss of One Arm | Shoulder-level amputation. | Not less than £137,160 |
| Arm Amputation | (b)(iii) Loss of One Arm | Below-elbow amputation. | £96,160 to £109,650 |
| Spleen | (a) Continuing Risk | Loss of the spleen where damage to the immune system means a continuing risk of infection and disorders. | £20,800 to £26,290 |
Please note this table is a guide and your actual settlement may vary depending on the unique circumstances of your case.
What Further Forms Of Damages Could You Be Awarded
Secondly, you could be eligible to receive special damages, which compensates for the monetary losses you suffered due to the medical negligence. This may include:
- Loss of earnings
- Travel expenses
- Care costs
- The cost of housing adaptations
It is also important to note that you should provide evidence of any financial losses that you intend to claim. This could involve payslips, invoices, bank records and travel tickets.
Would you like a personalised estimate of the hospital negligence compensation that you may be eligible to receive? If so, speak to one of our friendly advisors today.
Can I Make A No Win No Fee Medical Negligence Claim If I Developed Sepsis In Hospital?
If you choose to work with a solicitor when making a medical negligence claim after you developed sepsis in a hospital, you could receive an offer to proceed on a No Win No Fee basis. The popular type of No Win No Fee arrangement that our panel of medical negligence solicitors can offer is a Conditional Fee Agreement (CFA).
Under this type of agreement, a No Win No Fee solicitor generally won’t ask for any payments for their services at the following times:
- Upfront,
- During the ongoing course of your case, or
- At any time in the event that your claim fails.
Alternatively, when a claim is successful, a No Win No Fee solicitor can receive a small success fee from the compensation. The relevant legislation caps this success fee as a percentage. Therefore, your solicitor cannot overcharge you.
Talk To Us About Your Sepsis Negligence Claim Against A Hospital
If you developed sepsis in a hospital and wish to make a medical negligence claim, please discuss the details of your potential case with a member of our team. Should they find that you may have a legitimate claim, they could place you in correspondence with a No Win No Fee medical negligence solicitor from our panel.
To get in touch:
- Call our helpline on 0800 652 3087
- Contact us via our online form
- Use the live chat window on this page to speak to an advisor
Learn More About Claims For Negligent Hospital Care
Please explore more of the guides on our website:
- Sepsis Misdiagnosis Medical Negligence Claims
- Delayed Diagnosis Compensation Claims
- Wrong Medication Given In A Hospital Claims Guide
Also, take a look at the following external sources:
- General Medical Council (GMC) – Good medical practice
- NHS Resolution – Annual report statistics
- GOV.UK – Statutory sick pay (SSP)
Thank you for reading this guide on when you could be eligible to make a medical negligence claim after you developed sepsis in a hospital. If you have any remaining questions, please use the contact details above to speak to a member of our team.
Guide by Jess
Edited by Meg