Can you make a negligence claim for sepsis? | Types of Cases

Hospital-acquired sepsis can be a distressing and scary occurrence, and you might be unsure about whether you have enough evidence of medical negligence to achieve compensation.

Here, we explore what can cause hospital-acquired sepsis and whether you can make a claim for negligence, examining some common signs of negligence. We also look at what can help your claim and what to expect when you make a claim.

What can cause hospital-acquired sepsis?

Sepsis develops due to the body’s extreme response to an infection. In a hospital setting, sepsis commonly happens postoperatively, especially if a person has been ill for some time before surgery. This is because the likelihood of bacteria entering the body through an open wound is higher for those who have undergone surgery.

Sepsis can also commonly develop in hospital due to hospital staff missing signs of an infection or misdiagnosing an infection, which then leads to sepsis.

In some cases, sepsis can also occur in hospitals if a patient reacts severely to an infection like flu, as a weakened immune system can often cause you to have a higher risk of severe sepsis.

If you are in recovery from a serious illness, you are similarly in a weakened state and are more likely to suffer from sepsis.

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

Can you make a negligence claim for sepsis?

It can be difficult to know whether you can make a negligence claim for sepsis. You should make a claim if you suspect or have evidence for any of the following factors:

• Healthcare staff such as hospital, care home or nursing home staff didn’t react quickly enough to symptoms of an infection.
• Misdiagnosis of an infection leading to sepsis or of sepsis itself.
• An open wound wasn’t cared for properly by a medical professional.
• A patient more at risk of sepsis was not monitored correctly.
• Incorrect care after surgery to prevent sepsis.
• Neglect.

What can help you in your claim?

When preparing to make a negligence claim relating to sepsis, you will need to gather as much evidence as you can. You will want to collect documentation that proves either that the wrong diagnosis was given, treatment or diagnosis was delayed, or any complaints that you have made that may have been ignored or dismissed.

It is also useful if you have documented signs of negligence or neglect that you have suspected in a loved one. If you have any proof of communication with healthcare staff that can provide evidence of negligence, this is also vital for a claim.

What to expect when making a claim

Was sepsis attributed to negligent care?

When making a claim, you will need a good reason to believe that sepsis was caused by negligence. If this is the case, then you can ask for an investigation with a medical negligence law firm. These experienced legal professionals can work with care experts to examine the full scope of treatment and evaluate whether sepsis developed due to negligence.

Can I get compensation?

If an evaluation has proven that sepsis was caused by hospital negligence, a law firm such as Wake Smith can help you to achieve compensation.

However, when claiming sepsis compensation, certain considerations must be taken into account. These include the severity of symptoms and whether sepsis led to intensive care or to the mortality of the patient. Emotional and physical trauma will also be considered, such as long-term issues resulting from sepsis, including time away from work and associated travel and medical costs.

How do I make a hospital negligence claim?

You will first need to contact a medical negligence law firm to see if you have a valid claim. If so, you will be able to discuss funding options for your case. Once this is decided, your records will be obtained, and your claim will be valued based on the evidence presented – a law firm will help you to gather any useful evidence and conduct an investigation. The case will then be presented to the defendant (the hospital, nursing home or care home), and you will need to consider their response. If their response is not satisfactory, you may need to proceed to court.

Read our full guide to making a negligence claim here.

What can I expect from receiving compensation?

The compensation you receive will depend on the extremity of sepsis and damage caused to the patient and the factors listed above. Wake Smith can help you to achieve the best outcome and get justice for yourself or a loved one. Our experienced legal team will be able to support you from initial conversations about your experience through to making your claim and potentially reaching a court setting (though this is uncommon).

How Wake Smith can help

Wake Smith can help you with both your investigation and your claim. Our medical negligence specialists can support you by examining your documents and proof and advising if you have the grounds for a claim. While most cases will not make it to court - whatever stage your claim reaches, you will be supported with the help of our team’s expertise.

Do you suspect sepsis was caused by negligence? Get in touch with us today.

Frequently asked questions

Why is sepsis so common in hospitals?

Sepsis is common in hospitals due to the fact that many patients in hospitals are in a weakened state and are likely to be more susceptible to such illnesses. Sepsis can also commonly occur in places such as nursing homes and care homes as there is often a large number of people with weakened immune systems.

What counts as sepsis medical negligence?

If sepsis is not treated or diagnosed quickly, it counts as sepsis medical negligence.

How much compensation can you claim for sepsis negligence?

How much you can claim depends on many factors, such as the severity of the sepsis.

How do you sue for negligence?

To make a negligence claim, you must be able to prove that duty of care was breached and that there was causation.

How is a payout calculated for sepsis?

The payout is calculated based on the outcome of the sepsis negligence, associated costs, long-term impact, and mortality.

Can you sue the NHS for sepsis?

You are able to make a claim against the NHS for sepsis negligence if you have a reason for suspecting negligence occurred.

How long will your medical negligence claim take?

A claim can often take between twelve and eighteen months, however may take longer if the defendant does not admit negligence.

Can the patient or family members sue the hospital?

Your ability to make a claim depends on your specific circumstances.

What are the first steps in recovery?

The first steps in recovery from sepsis are to simply move around slowly and begin to care for yourself again - such as sitting up, bathing and walking.

How are nosocomial infections treated?

Nosocomial infections, also referred to as healthcare-associated infections (HAI), are infections acquired during the process of receiving health care that were not present during the time of admission. Nosocomial infections are largely treated with bed rest and antibiotics.

What types of infections are HAIS?

HAIS are Central Line-Associated Bloodstream Infection (CLABSI), Catheter-Associated Urinary Tract Infections (CAUTI), Surgical Site Infection (SSI) and Ventilator-Associated Pneumonia (VAP).

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