Sepsis Misdiagnosis Claims Solicitors

Sepsis, also known as septicaemia, is a potentially life-threatening case of blood poisoning, where the body’s response to an infection results in it attacking its own tissues and organs.

This sends the body’s immune system into overdrive, causing a series of reactions. This includes widespread inflammation and a significant drop in blood pressure, cutting down the blood and oxygen supply to vital organs.

If not treated quickly, a person can suffer septic shock, rapidly leading to multiple organ failure and possibly even death.

How is sepsis caused?

Sepsis can happen to anyone who has contracted an infection at any age, commonly infections affecting the lungs, abdomen, urinary tract or pelvis.

However, there are some people considered at greater risk of an infection becoming septic:

• Babies less than one year old, particularly if born premature or their mother had an infection while pregnant

• People over 75

• People with diabetes

• People with a weakened immune system

• People who have recently had surgery or a serious illness

• Women who have just given birth, had a miscarriage or had an abortion

Conditions that can lead to sepsis include:

• Appendicitis

• Flu

• Gallbladder infection

• Meningitis

• Peritonitis

• Pneumonia

The window to diagnose and treat sepsis is often incredibly short. Someone can proceed from the early signs of sepsis to multiple organ failure in a matter of hours.

Early treatment of sepsis or septic shock with antibiotics and fluids gives patients a greater chance at survival and recovery, and prevention of long-term organ or limb damage. Unfortunately, sometimes the rapid nature of sepsis means that by the time someone arrives at a doctor or hospital, nothing can be done to prevent permanent damage or death.

However, an even more difficult situation to come to terms with is when there was an opportunity to treat the condition early, but a healthcare professional’s failure to recognise the symptoms leads to a misdiagnosis or delayed diagnosis.

When this happens, the window to treat sepsis can quickly shut. By the time the condition is diagnosed and addressed, it may already be too late to prevent long-term organ damage and limb damage, or to save someone’s life.

There are also circumstances known as ‘supervised neglect’. This is when a healthcare professional has a record tracking their patient’s deterioration and symptoms, but has done nothing to address this.

To make a claim for sepsis that was misdiagnosed or mistreated, your solicitors will need to prove three key elements:

1. A healthcare professional breached their duty of care towards you

2. You suffered pain, injury, loss or damage

3. Your suffering was a direct result of the professional’s breach of duty

As specialist medical negligence solicitors, we will assess all available evidence for your claim to establish what happened and the standard of treatment you or your loved one received. This will often include:

• Medical records

• Personal statements

• Witness statements

• Photographs

We will also speak to relevant, independent medical experts about the details of your case. Depending on what healthcare professional is considered liable for the misdiagnosis or delay in diagnosis – GP, doctor, nurse, paramedic, etc. – we will talk to an impartial expert working in the same role to determine whether their actions or inactions were reasonable based on the symptoms you or your loved one presented.

If they inform us that the treatment provided fell below a reasonable standard and was likely to have led to the consequences you suffered, this could be grounds to claim for compensation.

Sadly, death is a very real possibility if a misdiagnosis delays someone from receiving treatment for sepsis. In these circumstances, it is still possible for the family and dependants to make a medical negligence claim on behalf of the deceased.

Someone can bring a claim following the death of the claimant if:

• They are named as beneficiaries of the deceased’s estate in a Will or entitled to a share of the estate under intestacy law

• They qualify for the bereavement award under The Fatal Accidents Act 1976

• They were dependent on the deceased either financially or for services that the deceased provided to them (or had a reasonable expectation they would become dependent in future)

You can learn more about how to approach a claim of this nature in our article ‘Death by medical negligence – how to make a claim’. In sensitive circumstances such as these, our experienced medical negligence team will work closely with a claimant’s family and loved ones to establish whether a claim can succeed.

At Gadsby Wicks, our solicitors solely specialise in medical negligence law, and for nearly 30 years have helped clients in Essex, East Anglia and beyond secure their financial future.

We recognise how devastating an impact a sepsis misdiagnosis can have on an individual and their loved ones. We are passionate about ensuring that those affected by these events are rightly compensated for what happened, and receive answers for what went wrong.

• We can fund your claim on a ‘No Win, No Fee’ basis – you do not pay anything unless your claim is successful, and nothing during the process of your claim

• 96% of our cases are settled outside of the courtroom

• We were the first firm in England to have more than two lawyers accredited as clinical negligence specialists by the Association of Personal Injury Lawyers

• Three of our solicitors are also accredited by the Law Society’s Clinical Negligence Accreditation Scheme

• We have in-house medical professionals to assist with your case

If you believe you have a claim, it costs nothing to enquire. Complete our online form or get in touch with our team to discuss your situation – we only ever take on your claim if we believe we can win it.