Complications arising as a consequence of sepsis can be very severe. It is imperative that clinicians provide appropriate treatment quickly. Where something goes wrong you may have a claim against your or your loved one’s healthcare provider. The below sets out the key considerations in relation to bringing clinical (also known as “medical”) negligence claims for sepsis and how we can assist you throughout the process.
Sepsis and the law of negligence
The fact of negligence
To succeed in a claim for clinical negligence the clinicians must be shown to have made an error that no reasonable or responsible clinician would have made. In the context of sepsis this may include:
- A delay in diagnosis and treatment. NICE clinical guidelines state that medication should be prescribed within 1 hour of identifying that the patient meets high risk criteria.
- Incorrect dose. NICE clinical guidelines require specific doses of antibiotics are administered.
- Incorrect treatment. Invariably, it is mandated that the patient is provided with antibiotics to treat sepsis.
In order to prove that the clinician made an error that no reasonable or responsible clinician would have made we can assist you in obtaining any investigation report undertaken by the hospital and we can commission expert medical reports from experts in sepsis.
Negligence caused the symptoms and condition
In order for the claim to succeed you must also prove that the error caused your or your loved one’s symptoms and condition.
We can assist in obtaining an expert report to prove this aspect of the claim.
Time limits
There are specific deadlines within which a claim for clinical negligence can be made. The general time limit is 3 years from the date of the negligent act. However, this time limit differs in certain circumstances, including where the injured patient is a child, lacks mental capacity or passed away within the 3-year period. We can advise you about whether or not the facts of your case allow for a claim in light of these time limits.
Who can bring the claim?
You may bring a claim if you have suffered injuries as a consequence of clinical negligence relating to sepsis.
You may be able to make a claim on behalf of a child, an individual who lacks mental capacity, or someone who has passed away. We can advise you about whether or not you are in a position to make a claim on behalf of a loved one.
Funding options
There are a number of ways that you can fund your clinical negligence claim. For example, you may have home contents insurance cover that includes funding for clinical negligence claims. However, most of our clients fund by way of a ‘No Win No Fee’ agreement, which means that unless you win your case you won’t pay any legal fees.
What are the consequences of bringing the claim?
If you have brought a successful clinical negligence claim, you will be awarded compensation for any pain, suffering or reduction in quality of life that was caused by the negligence. There are further forms of compensation, including compensation for medication and treatment costs and compensation for any loss of earnings.
- We recently assisted one of our clients in obtaining £3.5 million in compensation following negligence in relation to sepsis.
Bringing a claim against a healthcare organisation can help bring deficiencies in the organisation to light. This can work to facilitate change in organisations.
The commissioning of an expert report will help you obtain answers in relation to your or your loved one’s treatment and condition. The expert report will be written by a specialist in sepsis who will investigate the circumstances of your or your loved one’s medical care, setting out a comprehensive account and analysis of this care.
Speak to one of our specialist solicitors
Our solicitors are specialists in the field of clinical negligence law. We have a vast amount of experience in bringing successful sepsis claims. If you have concerns in relation to medical treatment you or a loved one received in relation to sepsis, please contact us on 01865 311133 or fill in the online form linked here.
About the author
David Black is a specialist in clinical negligence law, having practised as a solicitor assisting those who have received substandard medical treatment for over 30 years. He regularly advises those who have suffered as a consequence of negligence in relation to sepsis. He has achieved much success in obtaining compensation for his clients and facilitating changes in medical organisations.
