Sepsis occurs when the body has an extreme reaction to an infection. In some cases, it can be life-threatening, particularly for patients who might be high-risk. For some patients who develop sepsis, poor medical care can lead to unnecessary suffering and long-term avoidable harm. If you have experienced that, you may have a valid clinical medical negligence claim for sepsis compensation.
Key Takeaways
- Sepsis compensation can potentially encompass the pain, suffering, and financial impact resulting from the harm you experienced
- The time limit for starting a sepsis negligence claim is typically 3 years
- You will need evidence to validate your sepsis claim, for example, medical records
- If your loved one is unable to claim independently, you might be able to make a claim on their behalf
- If your claim is eligible, one of our medical negligence solicitors could represent you through a No Win No Fee agreement
If you have any immediate questions regarding sepsis compensation or the key takeaways above, please contact us using the details below, and we’ll do our best to assist you:
-
- Phone us on 0800 073 8801
- Start a claim online
- Talk to us using our live chat
Jump To A Section
- What Is The Average Compensation For Sepsis Claims?
- What Can Compensation Help With After Negligent Sepsis Care?
- Can I Make A Claim For Sepsis Compensation?
- The Common Examples Of Sepsis Negligence
- Is There A Sepsis Medical Negligence Claims Time Limit?
- What Evidence Will I Need For Making A Sepsis Negligence Claim?
- How Can Accident Claims Help Me After Experiencing Sepsis Medical Negligence?
- Can I Make A No Win No Fee Sepsis Compensation Claim?
- Frequently Asked Questions
- More Information
What Is The Average Compensation For Sepsis Claims?
Even if there was an average compensation for sepsis claims, it might not have relevance for you since every case is different. For example, one claimant might have suffered kidney damage while another may have developed paralysis as a result of medical negligence.
When calculating sepsis compensation, a solicitor may use the Judicial College Guidelines (JCG) as a reference. The JCG document is useful to legal professionals because it publishes suggested compensation brackets for a vast variety of harm. In medical negligence claims, that harm is covered by a category of compensation referred to as general damages.
When assessing general damages, legal professionals may consider:
- What type of harm you experienced and its severity
- How long your recovery period is expected to be
- The presence of any psychological damage
- If your quality of life and ability to perform daily tasks has been impacted
- Any risk of future deterioration or degeneration
- The lasting effects of your harm, such as a long-term or permanent disability
Below you will find a table containing some brackets from the JCG. However, please note that the first figure has not been sourced from the document, and the inclusion of the brackets in this article is intended to serve as a guideline only and not as a guarantee of medical negligence payouts.
| Type of Harm | Compensation Guidelines | Notes |
|---|---|---|
| Multiple Very Severe Forms of Harm with Special Damages | Up to £1 million+ | Multiple very severe forms of harm with special damages, including loss of wages and private treatments. |
| Brain/Head - Very Severe | £344,150 to £493,000 | At the top-end of bracket, the individual may retain some capacity to follow basic commands. However, they will have double incontinence and need dedicated nursing care. There will be also little to no indication that they have a meaningful environmental response or language ability. |
| Brain/Head - Moderately Severe) | £267,340 to £344,150 | The individual will be very seriously disabled and be substantially dependent on others. These disabilities may be physical or cognitive, with intellect and personality being markedly impaired. |
| Brain/Head - Moderate (i) | £183,190 to £267,340 | Cases feature the presence of moderate to severe intellectual deficit, a personality change, impact on senses and speech, significant epilepsy risk, and no prospect of employment. |
| Paralysis - Paraplegia | £267,340 to £346,890 | Compensation will be influenced by considerations like the presence and level of pain a claimant has, extent of independence, effect on sexual function, depression, and life expectancy. |
| Leg (Amputations) - Loss of Both Legs | £293,850 to £344,150 | In this bracket, compensation may factor in considerations like how severe any phantom pains are, whether there are connected psychological problems, and the success of prosthetics. |
| Leg (Amputations) -Below-Knee Amputation of Both Legs | £245,900 to £329,620 | The level of compensation for this bracket may depend on factors like whether there are side effects like backache, pain or other issues associated with a stump, and the severity of any phantom pain. |
| Kidney - (a) | £206,730 to £256,780 | Both kidneys will either suffer serious permanent damage or be lost. |
| Kidney - (b) | Up to £78,080 | There's a significant risk of urinary tract infections in the future or some other total kidney function loss. |
| Psychiatric Damage Generally Severe (a) | £66,920 to £141,240 | This bracket will take into account how an individual's capacity to cope with life, education, and work has been affected. Other considerations include impact on relationships, prognosis, and future vulnerability. |
If you have any questions related to the figures in our table, please don’t hesitate to contact us for free over the phone, online, or via our live chat.
What Can Compensation Help With After Negligent Sepsis Care?
Compensation can help support your recovery and potentially enable you to reclaim the costs incurred due to the harm you endured. These expenses can be claimed under a category of compensation called special damages. However, in order to claim for such losses, you will need to provide evidence, such as:
- Invoices for home modifications and medical expenses
- Bank statements for purchases of specialist equipment, like walking frames
- Receipts for prescriptions and bus travel
- Payslips showing loss of wages
In the following sections, you’ll find some examples of the financial losses that special damages might cover.
Loss Of Earnings
If your experience of sepsis led to you needing to take time off work, you may have incurred a loss of earnings. These can be claimed under special damages, together with any future lost income, missed promotions, and other benefits such as bonuses.
Gratuitous Care
Instinctively, we provide care for those we love when they are hurt or unwell. Special damages can reflect any costs related to that support, as well as assistance from professional carers.
Cost Of Medical Treatments
In some cases, there may be out-of-pocket costs associated with private medical treatments, consultations, and medications. Special damages may reflect these expenses if they can be proven to be directly connected to the harm you experienced.
Cost Of Rehabilitation
Recovering from sepsis can take time, meaning the potential cost of rehabilitation may become a significant expense. For instance, you might have needed physiotherapy to improve mobility, occupational therapy to regain independence, or counselling to support your mental health. No matter what type of specialist rehabilitative care you’ve received, you may be able to claim for it.
Cost Of Adaptations
Since sepsis can have far-reaching health impacts, adjustments sometimes need to be made to improve home and vehicle accessibility. Say you developed paralysis or needed a limb amputation. In such a scenario, you may have had to widen your home’s hallways or put in ramps to accommodate a wheelchair. Those costs can be taken into account by special damages.
Travel Expenses
Those with sepsis often require regular monitoring and support due to the life-threatening nature of the condition. Consequently, you may need to travel frequently to attend appointments at the hospital or your GP practice. That expense can quickly add up, whether you need to pay for petrol and parking fees or train tickets and bus fares.
If you need more clarity on general or special damages, please connect with one of our expert advisors. They’re here 24/7 and will always tailor their advice to your specific circumstances.
Can I Make A Claim For Sepsis Compensation?
Anyone can make a claim for sepsis compensation as long as they meet the following eligibility requirements:
- A medical professional or facility (such as a hospital) owed you a duty of care
- There was a breach in this duty
- You suffered avoidable or unnecessary harm as a direct result
As a patient, you are automatically owed a duty of care from others. That duty would involve someone like a doctor being expected to provide you with a minimum standard of care. For instance, the General Medical Council provides a framework of professional standards to help inform the decision-making of doctors and other professionals.
However, sepsis is not always avoidable or the result of negligent care. In some cases, you may still develop the condition even when you are given the correct standard of care. We’ll discuss the question of medical negligence in more detail later on in this guide.
Can I Still Claim For Sepsis Negligence Against The NHS?
Yes, you can still claim for sepsis negligence against the NHS, as every medical professional and facility has the same duty of care, regardless of whether they are public or private. Your claim would be managed by NHS Resolution, an arm’s length body of the Department of Health and Social Care.
This body handles such claims on behalf of NHS trusts and has its own funding for paying compensation in successful claims. Due to this, any payout you might receive will have no impact on public healthcare services.
Am I Able To Claim On Behalf Of A Loved One’s Sepsis?
Yes, you can claim on behalf of a loved one’s sepsis if the individual is under 18 or a mentally incapacitated adult. Neither group can claim on their own, so you would need to become a litigation friend to act for them.
The litigation friend is typically a family member or solicitor who navigates all legal decision-making, representation, and communication on a claimant’s behalf. They are expected to act in the best interests of the claimant and pursue sepsis compensation for as long as the claimant is unable to do so independently.
Fatal Sepsis Claims
When it comes to fatal sepsis claims, the Fatal Accident Act 1976 (FAA) allows specific dependants such as spouses, civil partners, children, or parents to pursue compensation for how their loved one’s death has impacted them.
However, it must be noted that only the deceased’s estate can make a claim within the first 6 months of someone’s death, as per the Law Reform (Miscellaneous Provisions) Act 1934. Under this act, the estate can seek compensation for the harm and financial loss experienced by the deceased.
That act also enables the estate to claim on behalf of eligible dependants. If this doesn’t happen within the 6-month window, then those dependants can make their own claim under the FAA.
If you have lost a loved one and are unsure what your options are for claiming, please contact our team so we can assist you.
The Common Examples Of Sepsis Negligence
Please find some common examples of sepsis negligence below:
- Misdiagnosis: This may occur because a medical professional fails to listen to a patient’s symptoms, misinterprets test results, or confuses the known symptoms of sepsis with another condition. Misdiagnosing sepsis can lead to organ failure, amputations, and even death.
- Delayed Diagnosis: Sepsis can progress rapidly, so any delays in diagnosis can have the same result as above, including septic shock. Such delays can occur for many reasons, ranging from mixing up patient records to failing to order tests for a patient with suspected sepsis.
- Failure to Monitor: Early detection of sepsis is crucial since the condition can rapidly become life-threatening. If medical professionals fail to monitor for the signs of an infection or sepsis, that may result in otherwise avoidable harm, such as organ damage.
- Surgical Errors: Surgeons may be at fault in certain situations, such as when they fail to sterilise instruments or leave foreign objects in a patient’s body after a procedure. Such cases may result in infections and lead to sepsis.
- Inadequate Post-Operative Care: For instance, a nurse might be at fault if you develop sepsis due to an infection caused by reusing gloves between patients. Poor post-op care can delay the healing process and potentially result in multiple organ failure.
If any of the above examples of sepsis negligence have happened to you, please contact our expert team of advisors so we can guide you through the next steps.
Is There A Sepsis Medical Negligence Claims Time Limit?
Yes, there is a 3-year time limit for starting sepsis medical negligence claims. This time limit may begin from the point you experienced the negligence or the date that you reasonably became aware of it, as per the Limitation Act 1980.
With that being said, some specific individuals are exempt from the time limit:
- Adults who lack the mental capacity to claim independently. In such cases, time limits will only come into force if their capacity is restored and will be dated to that recovery
- Minors under 18 who are too young to claim by themselves. Here, the 3-year time limit starts on the day of an individual’s 18th birthday
In both cases, a litigation friend can claim on another’s behalf during the time limit pause. For more information on this role, please refer to our earlier section.
To determine if your sepsis claim falls within the legal time limit, please contact us as soon as possible. Our team is here to help and ensure there are no unnecessary delays in getting started with your compensation claim.
What Evidence Will I Need For Making A Sepsis Negligence Claim?
The evidence you need to support a sepsis negligence claim must demonstrate how you suffered unnecessarily due to substandard care. Such proof establishes the validity of your sepsis claim and illustrates the circumstances in which a medical professional or facility breached their duty of care towards you, resulting in avoidable harm.
Please find below some examples of evidence that can be used to prove a sepsis negligence claim:
- Medical records, as they may provide insight into the care you received, how you were treated, and the extent of harm you suffered
- Photographs of the harm suffered
- Contact information from potential witnesses to be given to a solicitor so they can collect supportive statements
- A personal account from you documenting your experiences as a patient and the impact on your daily life
Gathering evidence can feel like a daunting task, but you don’t have to face it alone. Connect with an expert advisor today to discover how one of our solicitors can help you prove your claim.
How Can Accident Claims Help Me After Experiencing Sepsis Medical Negligence?
Accident Claims can help you after experiencing sepsis medical negligence by providing the following services:
- We will tell you how strong your claim is and its likelihood of success
- We can gather evidence for you so you can stay focused on your recovery. That proof can then be expertly organised to present a compelling case for compensation
- We will break down how everything works, from the process of claiming to what compensation might cover
- We will arrange access to specialist care, including psychologists and occupational therapists
- We will represent you in negotiations with professionalism and a commitment to securing compensation for you
Our solicitors have years of experience navigating medical negligence cases and helping individuals like you secure the compensation they deserve. Contact our team today to find out more about our services and see if you can be connected with one of our dedicated solicitors.
Can I Make A No Win No Fee Sepsis Compensation Claim?
Yes, you can make a No Win No Fee sepsis compensation claim through the Conditional Fee Agreement offered by our specialist solicitors. Here at Accident Claims, we offer our support on a No Win No Fee basis because we believe that no potential claimant should be held back by their financial situation.
By working with us using this option, you will have peace of mind from the outset that there will be:
- No solicitor’s fee to pay if your claim fails
- No upfront solicitor fees to get started with a claim
- No ongoing solicitor fees to pay for your representative’s work
If your claim wins, you will pay a success fee for your solicitor’s services. This is paid directly out of your compensation as a legally capped percentage set by The Conditional Fee Agreements Order 2013.
Contact Our Sepsis Compensation Specialists
If you would like to learn more about pursuing sepsis compensation on a No Win No Fee basis, you can chat with us online, over the phone, or via our live chat using the contact details below:
- Phone us on 0800 073 8801
- Start a claim online
- Talk to us using our live chat
Frequently Asked Questions
Please continue reading as we go through some of the most frequently asked questions about sepsis.
What Are The Signs Of Sepsis To Look Out For?
An adult or older child can display any of the following symptoms of sepsis:
- Acting confused
- Blue, grey, pale or blotchy skin
- A rash that doesn’t fade when rolled over with a glass
- Difficulty breathing
Who Is Most At Risk Of Developing Sepsis?
Anyone with an infection can get sepsis, but certain individuals are more vulnerable to developing the condition:
- Babies under 1 year of age
- People over 75
- People with diabetes
- People with weak immune systems
- People who have recently had surgery or recovered from a serious illness
- Women who have just given birth, had a miscarriage or had an abortion
How Is Sepsis Treated?
Sepsis is treated as a medical emergency, with patients being given antibiotics within 1 to 6 hours of arriving at the hospital.
Depending on your symptoms, you may need:
- Treatment in an intensive care unit
- A machine to help you breathe
- Surgery to remove areas of infection
What Is Meant By The ‘Sepsis Six’?
The ‘Sepsis Six ‘is a clinical guideline used by medical professionals to help identify sepsis quickly:
- Given oxygen to support vital organs
- Take blood cultures to identify the source of the infection
- Give intravenous antibiotics to combat infection
- Start intravenous fluid resuscitation to address hypovolemia and improve blood flow
- Check lactate levels to indicate tissue hypoxia and the severity of sepsis
- Monitor urine output to monitor kidney function and overall fluid balance
How Many People Contract Sepsis Yearly?
According to a study published by The Lancet medical journal in 2020, it is estimated that up to 245,000 cases of sepsis occur in the UK annually, based on data from 2017.
More Information
Some more guides that may be relevant to claiming sepsis compensation:
- Read our guide on death compensation claim amounts.
- Get information on paramedic negligence claims.
- Learn about your hospital patient rights.
Some additional resources:
- Familiarise yourself with how suspected sepsis is managed, as detailed by the National Institute for Health and Care Excellence (NICE).
- Get information on surgical staff and regulations, outlined by the Royal College of Surgeons of England.
- Examine the ‘Time to Act‘ clinical report, published by the Parliamentary and Health Service Ombudsman (PHSO) for cases of severe sepsis.
Thank you for taking the time to read our guide on sepsis compensation, and we hope you have found it useful.