A full guide to sepsis and medical negligence | Types of cases, how to make a claim and getting legal advice

Often known as septicaemia, sepsis occurs when an acquired infection leads to a chain reaction throughout the body. According to the UK Sepsis Trust, there are around 150,000 cases of sepsis each year. Unfortunately, many cases – though not all, could have been prevented and may have been caused by medical negligence.

Here, we explain the different reasons why sepsis can develop in the hospital setting, the different types of sepsis negligence cases and how to make a medical negligence claim. We also explain how a law firm such as Wake Smith can help you in your case.

What can cause sepsis in hospital patients?

A common reason why sepsis occurs in the hospital is when an infection, such as a wound infection, is not diagnosed or treated quickly enough - which can then deteriorate into sepsis.

Sepsis can also occur if a patient reacts severely to a bacterial infection, or if a patient suffering from an infection has not been provided with a sufficient course of antibiotic medication.

Additionally, sepsis may develop if a patient has recently undergone surgery, and harmful bacteria has entered the bloodstream. This instance is known as postoperative sepsis.

Find out more about hospital-acquired sepsis in our guide.

Who is particularly at risk of developing sepsis?

The following people are particularly at risk of developing an infection that may lead to sepsis:

• People who have recently undergone a surgical operation, or women who have just given birth in hospital are particularly at risk of developing an infection that could result in sepsis.
• People who have a treatment that impairs or weakens the immune system, such as chemotherapy, are at greater risk of acquiring an infection that may lead to sepsis.
• Patients who have already developed a hospital-acquired infection, or have been admitted to hospital with an existing infection.
• Some types of illnesses such as urinary tract infections and pneumonia, can put an individual at a heightened risk of sepsis, as bacteria can pass more easily into the bloodstream in these instances.
• The very young (infants) and very old are more at risk of developing an infection that may lead to sepsis.
• Individuals with serious or chronic illnesses, such as cancer or diabetes, are also at elevated risk - as are those with compromised or impaired immune systems, such as HIV-positive patients.

The responsibility of hospital staff

Hospital staff have a responsibility to look out for symptoms of sepsis, particularly in those who are most at risk of developing sepsis. Hospital staff use the SIRS test (Systemic Inflammatory Response Syndrome) to determine whether patients have sepsis. A patient with sepsis will meet at least two of the following criteria:

• A temperature of over 38 degrees (or under 36).
• A heart rate of over 90bpm.
• Breathing rate of 20 or under per minute.
• A white cell count of over 12 (taken from a standard blood test).

The source of sepsis should be looked for, and if the patient has had surgery, the site of surgery will be the first to be looked at – usually using a CT scan.

Treatment for sepsis often involves aggressive fluid resuscitation, early, broad-spectrum antibiotics, intensive care unit consultation, central venous pressure evaluation, and occasionally pressors and transfusion.

What are the different types of sepsis medical negligence cases?

If you or a loved one contracts sepsis in a medical environment, the sepsis could potentially have been caused by hospital negligence. The following are some common types of sepsis negligence cases:

• Hospital staff don’t notice or don’t react quickly enough to visible signs of an infection, leading to sepsis.
• Symptoms of an infection are misdiagnosed and mistaken for an illness such as the flu, and the patient then develops sepsis.
• A hospital may also fail to adequately treat an infection quickly enough or appropriately - for example, not providing antibiotics quickly enough, leading it to deteriorate and cause sepsis.
• Sepsis itself may be misdiagnosed, which means patients are not assessed and treated for sepsis quickly enough. This often leads to serious health problems that could have otherwise been prevented. Read more about the different types of sepsis misdiagnosis claims here.

Do you feel that you’ve experienced sepsis negligence? Find out whether you may be able to make a claim in our guide Can you make a medical negligence claim for sepsis?

Making a sepsis medical negligence claim

You can take the following steps when making a sepsis negligence claim:

• Step 1: Contact a law firm that specialises in medical negligence and request an investigation into your hospital, care home or nursing home treatment.
• Step 2: Gather evidence to support your medical negligence claim. A law firm will support you in this process. If the evidence is substantial enough, your solicitor may then be able to take the case to court on your behalf.
• Step 3: The case may be settled out of court or it may need to go to court to be resolved.
• Step 4: At the end of the claim, you may receive compensation.

You won’t necessarily have to attend proceedings, and in some sepsis cases, the hospital may be willing to settle the case out-of-court. Read our full guide to making a negligence claim for sepsis here.

What can you expect from compensation?

If the evaluation concludes that sepsis was caused by negligence, you may be able to claim compensation. To carry your compensation claim through, you should ask for assistance from a law firm such as Wake Smith, who will help to make the process as hassle-free as possible.

The following factors impact how much compensation you are likely to receive:

• Whether sepsis led to the death of a loved one.
• The severity of sepsis symptoms - for example, whether sepsis led to severe consequences such as amputation.
• Any emotional and physical trauma caused.
• Any time taken from work due to sepsis.
• Any travel/medical costs that resulted from the sepsis.

How Wake Smith can help

Wake Smith has a dedicated team of medical negligence solicitors who can offer advice and represent you on matters pertaining to medical negligence. If court proceedings are necessary, the experienced Wake Smith team have represented cases at every level, including the Court of Appeal, Supreme Court and European Court of Justice. To contact Wake Smith today, simply call 0114 266 6660 or use the online contact form to request a callback.

Read our full guide to making a sepsis medical negligence claim here.

Related content

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What is hospital-acquired sepsis?

Making a sepsis medical negligence claim

Can you make a sepsis medical negligence claim?