Sepsis Claims

Sepsis is a very serious condition that can develop as an immune over-response by the body to infection. If this is not diagnosed and treated quickly enough, the impact can be devastating and sometimes fatal.

 

We specialise in bringing claims for sepsis negligence, acting for adults, children, and families where medical mistakes caused the development or worsening of sepsis.

While normally our immune system fights infection it can on occasion attack our own organs and tissues. However, with early diagnosis, this can be treated with antibiotics. The speed of treatment is key and, unfortunately, the condition can be both misdiagnosed or spotted too late to avoid injury.

We also specialise in claims relating to meningitis, an illness in which the membranes around the brain and spinal cord become inflamed, and can lead to sepsis (known as meningococcal septicaemia).

According to the UK Sepsis Trust, five people die each hour from sepsis and 40% of all survivors suffer permanent life changing effects.

Sepsis Compensation

We help clients obtain sepsis compensation to allow them to access expert care, rehabilitation, education and specialist treatments to improve their quality of life. The amount of compensation will vary from case to case and will depend on the severity of injury and other factors such as whether there are lost earnings.

If you or a family member has suffered as a result of failures in the treatment of sepsis, we can support you through the process of bringing a claim. Where you have lost a loved one, we can also assist in bringing a compensation claim for the dependents of the person who has died. Please contact us to discuss how we can help.

Your (or your child’s) claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. Sepsis claims can be very complicated. We understand the issues that need to be grappled with, including establishing the type of bacterial infection and its onset, to identify the treatment that should have been given and what difference this would have made to the outcome. We work closely with specialist experts, including those in the fields of microbiology, general practice and emergency medicine, to assess whether a successful claim can be made.

We also carefully consider client needs for the future, such as care, accommodation and specialist treatments, along with what their losses have been in terms of earnings.

We can visit you at home or in the hospital to discuss your claim.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

SEPSIS FAQS

What is sepsis?

Sepsis occurs when the immune system overreacts to an infection and begins attacking healthy tissue and organs in the body.  Many types of infection can cause sepsis. Even if the infection itself is minor (such as an infected cut or urinary tract infection), sepsis can cause serious damage to healthy tissue and organs.

 

How long do I have to bring a claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or family member who is not able to do it themselves?

If a claim relates to disabilities suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

Where the claim relates to someone’s death, the Executor(s) of their Estate or one of their dependants can bring the claim.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that the poor outcome was caused by negligence.

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the injured person's needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible) or their insurer. 

In some cases, settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will the case be decided by the Court?

Probably not.  The vast majority of medical negligence claims are not decided by the Court.  Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.  

Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement.  This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

 

How is the amount of compensation decided?

Where someone has suffered disability as a result of medical negligence, we tailor the compensation to meet their needs.

The first step is to consider how the disabilities have affected their life and whether that will change in the future.   We then calculate the amount of funds required to meet their additional needs and compensate them.  Depending upon the circumstances, this may include funds for:

• Private care
• Private therapies and medical care
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education and work (if that is possible for the injured person)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.  This often includes predicting the long-term needs of disabled children and adults over their whole lifetime.

Where someone has died, the compensation primarily relates to compensating the deceased’s dependents for the practical and/or financial support which they would otherwise have received from the deceased.

 

I am already struggling with aftermath of meningitis or sepsis.  Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  Therefore, they often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows the injured person’s needs to begin to be met, while the work to quantify the full amount of compensation continues.

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their (or their child’s) records before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records yourself.

 

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• Meningitis Now
• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)