Suffering from sepsis (blood poisoning) can be very dangerous. You can suffer significant harm if it is not picked up and treated quickly. This could lead to ongoing pain and discomfort, financially struggling if you cannot work, and in the most serious of cases, can lead to multiple organ failure and be fatal. If you or a loved one suffered sepsis due to the negligence of a medical professional, you could be able to claim sepsis compensation through a medical negligence claim.
It is important to know how compensation is calculated in a sepsis claim, and this is where our guide starts. We will let you know the financial losses that can be added to such a case and also how to claim on a No Win No Fee basis. There is also some information about exactly what sepsis is and how it is treated.
This guide aims to answer any questions you may have about sepsis medical negligence claims, but if you prefer to speak to one of our advisors straight away, you can:
- Call us on 0800 408 7826 (24 hours a day, 7 days a week)
- Contact us online
- Type a question in the live chat box
Browse Our Guide
- Sepsis Compensation Calculator
- What Is Sepsis?
- How Is Sepsis Treated?
- Can I Make A Sepsis Compensation Claim?
- How Long Do I Have To Claim For Sepsis Negligence?
- What Evidence Could Help Me In A Sepsis Claim?
- What Are No Win No Fee Sepsis Compensation Claims?
- Read More About Medical Negligence Claims
Sepsis Compensation Calculator
Sepsis compensation for a successful medical negligence claim could be made up of two types of damages. The first is known as general damages, and they compensate for the unnecessary harm you suffered. This includes the pain, suffering and loss of enjoyment of life (i.e. the wider impact on your hobbies etc.). The second is known as special damages, and they are to compensate you for the financial losses that the medical negligence has caused you.
Looking at general damages first, a person calculating your damages is likely to use the Judicial College Guidelines (JCG). The JCG lists various forms of harm at differing severities and the corresponding guideline compensation brackets.
To help you think about how much compensation your harm could be worth, here is an example table using some of the figures listed within the JCG. Please remember that these are not guaranteed figures, and please also note that the first figure does not come from the JCG.
| Injury | Severity | Guideline | Details |
|---|---|---|---|
| Multiple severe forms of harm with special damages | Severe | Up to £1,000,000 plus | Multiple forms of harm that are severe in nature and significant loss of earnings and other financial loss. |
| Brain | Very Severe | £344,150 to £493,000 | Little or no response to the environment with full-time care required. |
| Moderate (i) | £183,190 to £267,340 | Moderate to severe intellectual deficit with significant risk of epilepsy. | |
| Leg Amputations | Loss of Both Legs (i) | £293,850 to £344,150 | Both legs lost above the knee. |
| Loss of One Leg (iv) | £119,570 to £162,290 | A below knee amputation of one leg. | |
| Kidney | Serious | £206,730 to £256,780 | Permanent damage or loss of both kidneys. |
| Significant | Up to £78,080 | Future risk of UTI and loss of natural kidney function. | |
| Bowel | Total loss of natural function | Up to £183,190 | May require a colostomy due to their age. |
| Arm | Amputation | Not Less Than £167,380 | The loss of one arm. |
| Lungs | Breathing difficulties | £38,210 to £66,920 | Requiring frequent inhaler use and unable to tolerate smokey environments. |
Can I Claim For Loss of Earnings In A Sepsis Negligence Claim?
When calculating compensation for medical negligence, loss of earnings can be included as part of your claim for special damages. Any financial loss that you wish to claim must have been caused by the medical negligence and will require some supporting form of evidence.
Examples of the types of financial loss that could be part of your sepsis claim include the following:
- Past loss of earnings.
- Future loss of earnings.
- Care costs.
- Private rehabilitation fees.
- Necessary adaptations to your home or vehicle.
- Prescription costs.
- Travel expenses.
Evidence that could help prove these losses could include:
- Wage slips.
- Bank statements.
- Invoices.
- Receipts.
Other items of special damages could be included when claiming sepsis compensation. If you would like to speak to one of our advisors for further information, please use the contact details above.
What Is Sepsis?
Sepsis (blood poisoning) can be a life-threatening and serious condition. It happens when the body has an infection and overreacts to it, damaging your tissues or organs. An initial infection could be from any source, for example, a virus or a urinary tract infection (UTI).
It is a condition that can develop rapidly and, after its initial phase, can become severe sepsis and, ultimately, septic shock, which can cause death. Given its serious nature, medical professionals should be on the lookout for the signs of sepsis in those most vulnerable.
Sepsis can present with similar symptoms to the flu, a chest infection or COVID-19. Symptoms could include:
- Chills.
- Fever.
- Confusion.
- Struggling to get your breath.
- Fast breathing (hyperventilation).
- Swelling.
- Increased heart rate.
- Less frequent urination.
Certain people can be at greater risk of sepsis, including:
- People over 75.
- Infants.
- Frail individuals.
- Diabetics.
- Women who have recently given birth.
- People with weakened immune systems (e.g. from chemotherapy).
- Anyone with cuts or who has undergone surgery.
If you would like more information about making a sepsis negligence claim, please contact one of our advisors. It could lead to you recovering sepsis compensation.
How Is Sepsis Treated?
The NHS say that sepsis needs treatment in a hospital straight away because it can deteriorate quickly. The UK Sepsis Trust developed a set of six tasks that should be administered within one hour to help fight sepsis. They are known as ‘The Sepsis Six’, and these are:
- Oxygen.
- Cultures.
- Antibiotics.
- Fluids.
- Lactate measuring.
- Urine output monitoring.
In some serious cases, infected tissues might have to be surgically removed. The Sepsis Six has been shown to reduce the risk of sepsis being fatal by 46.6% if administered within one hour to patients with severe sepsis.
If a hospital fails to treat sepsis correctly, you could potentially sue the hospital treating you for medical negligence. Contact an advisor to find out how we can help.
Can I Make A Sepsis Compensation Claim?
Every medical professional, including hospital workers and GPs, owes their patients a duty of care. They must meet the minimum relevant standard of care expected of them, and if they do not, this is considered a breach of their duty of care. Failing to meet the standard could be by negligent acts or negligent omissions.
In order to have a valid medical negligence claim, you would need to prove:
- A duty of care was owed to you.
- A healthcare professional breached this duty.
- This breach caused you to suffer unnecessary harm.
Below, we have provided some examples of how a sepsis compensation claim may arise due to medical negligence:
- A GP ignores the clear symptoms of sepsis you present and misdiagnoses it as a common cold. This results in you suffering severe harm and needing more aggressive treatment due to your organs going into failure.
- There is an avoidable delay in the hospital, and you are not treated in a timely manner, meaning that you develop severe sepsis or septic shock.
- A patient is given the wrong treatment for sepsis, and this leads to complications and life-changing brain injury.
There are many ways a medical duty of care can be breached, and this is something one of our advisors can discuss with you. Contact them today to see whether you may have a valid claim.
How Long Do I Have To Claim For Sepsis Negligence?
A claim for sepsis compensation, as with any medical negligence claim, must normally be started within 3 years of the date of the negligent treatment or 3 years from when you knew or reasonably should have known, that your harm was caused by the negligent actions of a healthcare professional. The latter is known as the date of knowledge. This is set out in the Limitation Act 1980.
There are some exceptions to this, such as if the person wishing to claim is under the age of 18 or they lack the mental capacity to bring forward their own claim.
- If someone is under 18, the time limit will be halted until they become this age and then run until their 21st birthday.
- If a person lacks the required mental capacity, they will have until 3 years after they regain their capacity to bring a claim. This time limit will then run from the recovery date.
In both instances where the claimant is unable to make their own claim, a litigation friend can start a claim on their behalf at any point.
You can contact us 24 hours a day to discuss any aspect of making a sepsis compensation claim, such as whether you are still within the time limit.
What Evidence Could Help Me In A Sepsis Claim?
‘What evidence do I need?’ is a frequently asked question in a medical negligence claim. To prove your case, you will need supporting evidence. This will be to help you show that a duty of care was breached by a medical professional, and also that you suffered unnecessary harm because of the breach. Evidence in this type of claim could include:
- Medical records.
- Scan results.
- Blood test results.
- The contact details of anyone who witnessed your treatment, such as a friend, family member or other healthcare professional, e.g. a nurse.
- Wage slips showing any loss of earnings you wish to claim.
- Invoices or receipts for out-of-pocket expenses.
A specialist medical negligence solicitor from our panel will be able to talk to you about your prospects of success as well as what evidence could be useful for your claim. Call us today and we can quickly assess your case and potentially put you in touch with one of our panel solicitors.
What Are No Win No Fee Sepsis Compensation Claims?
Our panel of solicitors solicitors work on a No Win No Fee basis, and if your sepsis negligence case is accepted, you may be offered a Conditional Fee Agreement. This has certain benefits:
- Not having to pay upfront for the work done by your solicitor.
- You do not have to pay for your solicitor’s ongoing work.
- Nothing to pay for your solicitor’s services if the claim is unsuccessful.
- A success fee will be due if the claim is successful. This is a percentage of your compensation but has a maximum percentage figure that is fixed by law.
Using a No Win No Fee solicitor can allow you to access legal services, and get the compensation you are entitled to without the financial stress. If you would like to get in touch, we can provide you with further information about the claims process. You can:
- Call us on 0800 408 7826 (24 hours a day, 7 days a week)
- Contact us online
- Type in the live chat box
Read More About Medical Negligence Claims
Below are some additional medical negligence claims guides by us:
- How to calculate compensation for misdiagnosed cancer.
- Learn about claiming for wrongly prescribed quinine.
- What could a medical malpractice settlement be worth?
External resources you might like to use:
- The Royal College of Nursing set out their duty of care for nurses.
- The General Medical Council set out their professional standards for good medical practice.
- Consider the NHS key statistics for England.
Thank you for reading our guide about how sepsis compensation is calculated. If you would like to discuss your potential medical negligence claim, you can contact our advisors.