Sepsis negligence claims: when missed or delayed treatment may be medical negligence
Medical Negligence Consultants is a claims management company regulated by the Financial Conduct Authority (FCA). We offer a free, confidential assessment if you think sepsis was missed or treated too late in England or Wales. If your enquiry is suitable, we refer it to the specialist solicitor on our panel who best suits your needs.
Request a call-back or call 0800 612 4970.
Medical emergency: If you think someone may have sepsis and they are seriously unwell, seek urgent medical help now. Call 999 for life-threatening symptoms. This page concerns possible past failures in care.
Can I claim if sepsis was missed or treated late?
You may be able to claim if healthcare staff failed to recognise sepsis, or failed to treat it promptly, and that failure caused harm that earlier treatment would probably have avoided. Sepsis is a medical emergency, so delays of hours can matter. Not every case of sepsis involves negligence. Sepsis can develop quickly even when care is good. A solicitor assesses whether a claim has reasonable prospects.
What is sepsis?
Sepsis is the body’s extreme response to an infection. It can lead to organ damage, amputation, long-term disability and death. Read NHS guidance on sepsis. NICE’s current adult guidance, NG253, covers recognition, diagnosis and early management. Separate NICE guidance covers younger patients and pregnancy or recent pregnancy.
How sepsis negligence can happen
Possible failures that may warrant investigation include:
- Warning signs not recognised. Observations such as a fast heart rate, high or low temperature, low blood pressure, fast breathing or confusion are not acted on.
- Early warning scores ignored. A hospital scoring system flags a deteriorating patient and no one escalates.
- Delay in tests. Blood tests, including lactate where indicated, or cultures are not taken promptly.
- Delay in antibiotics. For adults assessed as high risk, NICE recommends urgent intravenous antibiotics, generally within one hour of risk identification in acute hospital settings.
- No escalation to a senior doctor. A junior clinician does not call for help when needed.
- Wrongly sent home. A patient is discharged from A&E, a GP surgery or an out-of-hours service and returns more seriously ill.
- Infection after surgery, childbirth or a procedure. Signs of infection are missed on the ward or after discharge.
- Children and babies. Sepsis is missed because symptoms are put down to a common illness.
These are potential concerns, not proof of negligence. The applicable guidance depends on the patient’s circumstances.
What does a sepsis negligence claim have to prove?
- Breach of duty. The care fell below the standard that a reasonably competent clinician would provide.
- Causation. The poor care caused harm. A solicitor generally needs to show that, with proper care, the outcome would probably have been better.
Expert medical evidence usually informs both parts. Your solicitor arranges this.
What can compensation cover?
If a claim succeeds, compensation can include:
- Pain, suffering and loss of quality of life
- Loss of earnings, now and in the future
- Costs of care, equipment, home adaptations and therapy
- Other reasonable out-of-pocket costs
How much depends on the harm and its long-term effects. We cannot promise a result or an amount.
How long do I have to claim?
In England and Wales the usual time limit is three years from the date of the negligence, or from the date you first knew it had caused harm. For children, the three years generally start on their 18th birthday. Different rules can apply where someone lacks mental capacity. If a loved one died, separate rules apply, and some deadlines may be shorter. Seek advice promptly.
What information helps?
You do not need documents to start. It helps if you can tell us:
- The dates you were seen and by whom (GP, A&E, ward or out-of-hours service)
- What symptoms you had and what you were told
- When antibiotics were given, if you know
- What harm followed
Your solicitor will request your medical records.
How Medical Negligence Consultants helps
- Tell us what happened. Request a call-back or call 0800 612 4970.
- We assess your enquiry. This is free and confidential.
- Referral to the right solicitor. We have a panel of specialist medical negligence solicitors. If your enquiry is suitable, we refer it to the one who best suits your needs. That solicitor advises you and manages the claim.
Medical Negligence Consultants is not a law firm.
Sepsis negligence claims: common questions
How do I know if my sepsis was missed because of negligence?
You cannot tell from the symptoms alone. A solicitor and independent medical experts review your records to see whether staff recognised the signs and treated you in time.
Is a delay in antibiotics medical negligence?
It can be. If you met the criteria for urgent antibiotics and treatment was delayed without good reason, and the delay caused additional harm, you may have a claim.
Can I claim if sepsis happened after surgery or childbirth?
Yes, if signs of infection were missed or treated late and the failure caused avoidable harm. Sepsis itself is not always avoidable.
Can I claim on behalf of a relative who died from sepsis?
Possibly. Different rules apply to claims after a death. Request a call-back and we will assess whether your enquiry is suitable for referral.
Does it cost anything to find out?
Our initial assessment is free and confidential. If we refer you to a solicitor, they will explain how any claim is funded.
General information only, not legal advice. Medical Negligence Consultants (Flybell Limited t/a Medical Negligence Consultants) is a claims management company authorised and regulated by the Financial Conduct Authority, FRN 836324.