You may be wondering when medical negligence claims can be made for a sepsis misdiagnosis. This guide will explore the criteria that make you eligible to begin this kind of claim, as well as evidence that may establish the validity of your case. We will also explain more about compensation that could be awarded for medical negligence, including how payouts are calculated.
Some topics we will discuss include the duty of care of medical practitioners and ways in which this could be breached. Also. how sepsis could be misdiagnosed, and what further harm this could lead to. Furthermore, we will discuss how our experienced solicitors could help you with claiming compensation. Read on for more information.
Additionally, don’t hesitate to contact the team of advisors if you want advice on your potential claim. Our team is available to discuss any questions 24/7.
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- Can I Claim Compensation For A Sepsis Misdiagnosis?
- Why May Sepsis Be Misdiagnosed By A Doctor?
- Important Evidence Which Could Support Your Medical Negligence Claim
- Compensation Awards In Sepsis Misdiagnosis Claims
- Make A Sepsis Misdiagnosis Claim Today
- Find Out More About Claiming For A Medical Misdiagnosis
To claim for a sepsis misdiagnosis, you must prove that you sustained unnecessary or avoidable harm due to a practitioner breaching their duty of care.
Public health services, as well as private healthcare organisations, owe the patients they agree to treat a duty of care not to cause unnecessary harm. Practitioners, when treating patients, must ensure that they provide the correct care and treatment by not deviating from professional standards. Should a practitioner provide a service that was considered sub-standard, they would be in breach of their duty of care.
A breach that causes you to suffer unnecessarily, or harm that could have been avoided if the inadequate care had not occurred, is known as medical negligence.
Call our advisors if you have questions about medical negligence claims
Misdiagnosis Medical Negligence Claims Time Limit?
When making a medical negligence claim for your sepsis misdiagnosis, you need to start your claim within the relevant time limits. This is 3 years from the date that medical negligence took place or from your date of knowledge.
Call our advisors today. They can provide you with information in regard to the time limit exceptions when making a medical negligence claim.
Sepsis is a life-threatening reaction to an infection. The NHS states that symptoms of sepsis can be similar to other conditions, such as a chest infection. Additionally, the condition can present with slight differences in a young child versus an adult. Some symptoms that may indicate sepsis in an adult include:
- Breathlessness or difficulty breathing.
- Skin, lips or tongue that appear pale, blue, grey or blotchy.
- A rash that doesn’t fade when a glass is rolled over it.
- Confused with slurred speech
Some ways sepsis could be misdiagnosed due to negligence include:
- The doctor fails to listen to the symptoms you are describing and therefore diagnoses you with a viral infection. This could result in delayed treatment, which means your condition worsens.
- A doctor misinterprets test results that clearly indicate sepsis.
- A hospital doctor clearly misses signs of sepsis when there were clear indications. This could represent hospital negligence.
If sepsis is left untreated, it could cause organ failure and tissue damage that leads to gangrene and requires amputation. It can also cause long- and short-term brain dysfunction.
Not all cases of misdiagnosis will mean a medical negligence claim is impossible. If a doctor or nurse has provided the correct standard of care, but you still received a misdiagnosis, then you may not be entitled to compensation.
Get in touch with an advisor if you are still unsure what counts as medical negligence or if you’d like to discuss your potential claim.
Providing sufficient evidence is crucial for showing that medical negligence occurred and led to a sepsis misdiagnosis. Some examples of the evidence you could present in your claim include:
- A record of the medical diagnoses and treatments you received.
- An independent medical assessment of your condition, which will indicate the level of negligent harm you experienced.
- A copy of bank statements or receipts showing how you were financially impacted by the negligent misdiagnosis.
Additionally, a court may choose to apply the Bolam test. The British Medical Journal (BMJ) provides further insight into this process, which involves convening a panel of medical experts trained in the relevant field to assess whether you received the correct standard of care.
Connect with an advisor today if you are still unsure what proof of medical negligence will help support your claim for compensation.
Following a successful sepsis misdiagnosis claim, general damages will compensate you for the physical or psychological harm you experienced due to a medical practitioner’s negligence.
The Judicial College Guidelines (JCG) is a document used by various legal experts to help them value claims. This is because the JCG provides compensation guidelines for different injuries. We have used the amounts listed in the 16th edition of the JCG for the following table.
However, you should only use this table as a guide. This is because the amount you receive could be affected by specific factors of your claim.
|Brain Damage - Moderately Severe
|Substantial dependence on others and the need for constant care due to being seriously disabled. They may suffer with limb paralysis and/or intellectual impairment.
|£219,070 to £282,010
|Leg Amputations (ii)
|Both legs are amputated below the knees, with the award considering the suffering associated with phantom pains and success of prosthetics.
|£201,490 to £270,100
|Leg Amputations (iv)
|Amputation of one leg below the knee. Award takes into consideration the presence of phantom pains, psychological distress and other factors.
|£97,980 to £132,990
|Both kidneys have been lost or are permanently and seriously damaged.
|£169,400 to £210,400
|A substantial risk of contracting a future urinary tract infection or losing total natural function of the kidney.
|Up to £63,980
|One kidney has been lost, with the other suffering no damage.
|£30,770 to £44,880
|A complete loss of control and function of the bladder.
|Up to £140,660
|A serious disability in a young person with the possibility of the condition worsening and leading to premature death.
|£100,670 to £135,920
|The person will struggle with some breathlessness, but there will be no effect on working life. Likelihood of a permanent and substantial recovery within a few years.
|£10,640 to £20,800
|Arm Amputations (iii)
|Amputation below the elbow that may cause phantom and organic pain.
|£96,160 to £109,650
Could I Claim For Other Types Of Losses Or Costs?
You could also claim for financial losses you’ve suffered due to medical negligence, such as:
- A loss of earnings if you’ve needed time off work.
- Care costs if you’ve required a carer.
- Certain medical expenses, such as prescription costs.
In your settlement, these losses may be compensated through a different head of claim called special damages. However, you will need to provide sufficient evidence, such as invoices or receipts.
Call our team to see whether you’re eligible to make a medical negligence compensation claim. Our team could also help answer questions like ‘How much is medical negligence worth in compensation for sepsis misdiagnosis claims?’
Our advisors may be able to connect you with one of our professional solicitors who could help you with your claim. Our panel have years of experience handling a variety of medical negligence claims and may offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
There are various benefits to working with a solicitor under this type of arrangement, such as:
- You aren’t expected to pay the solicitor representing you any upfront or ongoing fees for their services.
- Also, you are not expected to pay them for their services if the claim fails.
- You will pay a success fee if the claim succeeds, to your solicitor. The success fee is taken from your compensation, with the amount deducted being capped by law.
If you have any questions about claiming with a No Win No Fee solicitor for sepsis medical negligence claims, get in touch with an advisor from our team
Contact Medical Negligence Assist About A Sepsis Misdiagnosis Claim
If you were harmed by a sepsis misdiagnosis and are unsure whether you could make a medical negligence claim, call today. Our advisors are available 24/7 to offer you a free consultation about the merits of your potential claim. Additionally, they may be able to connect you with a legal professional if your claim is valid and you wish to proceed.
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Additional medical negligence claims guides:
- Negligent doctors – how to claim compensation
- Wrong dosage negligence claims guide
- Delayed diagnosis compensation claims
- The UK Sepsis Trust – About Sepsis
- NHS – Treatment and Recovery from Sepsis
- NHS Key Statistics: England, November 2022 – Parliament UK
Call the team today if you have any questions about making a medical negligence claim for a sepsis misdiagnosis.