Case Study: £9,000 Compensation in Sepsis Medical Negligence Claim

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Ian Clifton

Senior Associate Medical Negligence Solicitor

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Client Situation

Our client Tom contacted our Medical Negligence Solicitors as he believed there had been a delay in treating appendicitis, and then a further delay in being administered antibiotics.

Tom believed that these delays led to him developing Sepsis, as well as a number of other avoidable complications including a surgical site infection. He was required to take antibiotics for three month, had to stay in hospital for much longer than anticipated and had to attend various outpatient appointments.

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How Simpson Millar Helped

After accepting instructions for this Sepsis compensation case, our Medical Negligence Solicitors started investigating liability by obtaining a copy of Tom’s medical records. We subsequently instructed a general surgeon to review the records and prepare a report concerning whether or not the care that was provided was of an acceptable standard.

The expert report concluded that some aspects of the care had been negligent and this had resulted in development of systemic Sepsis, scarring and had also put the client at an increased risk of future complications, including bowel obstruction.

On the basis of the above evidence, our Medical Negligence Solicitors sent a Letter of Claim to the Trust setting out why it was considered the care provided had been negligent. A Letter of Claim is a document that should contain a summary of the facts on which the claim is based, the main allegations of negligence and causation, an indication of the nature of all injuries that have been sustained including current condition and prognosis and an indication of any other financial losses.

The Trust responded by way of Letter of Response, denying liability. But after further communication with the Trust, an agreement was finally reached between the parties as to which aspects of the care were negligent.

 

The Outcome

Tom was awarded damages of around £9,000 in compensation for the pain and suffering he endured, as well as his loss of earnings. The figure reflected the fact that the occurrence of the appendicitis could not have been avoided.

 

Helping people with Sepsis Claims

If you or a loved one suffered from Sepsis as a result of medical negligence, you could claim compensation.  

Our expert Medical Negligence Solicitors understand how serious sepsis is and the lifechanging physical, psychological and emotional impact of this illness. Symptoms of Post Sepsis Syndrome, last anywhere from 6 to 18 months. If you or a loved one has experienced this, our specialist Solicitors will give you a free assessment to determine whether you have a claim. We can talk you through the legal process in detail and support you through your claim from start to finish. We encourage you to call our dedicated and friendly team on 0808 239 6043 to make the first step in your claim.

 

FAQ:

 

What Are Some Examples of Medical Negligence?

Examples of medical negligence include:

  • Injuries caused during surgery
  • Delayed or incorrect diagnosis of a medical condition
  • A healthcare provider giving you the wrong prescription
  • Failure to warn you about the risks of treatment
  • Not getting your informed consent before carrying out a treatment

You could be awarded medical negligence compensation if any of these have happened to you. If you’re not sure about a potential claim, contact us for free advice.

 

How Do I Claim for Medical Negligence Compensation?

To make a successful medical negligence claim, it must be proven that the standard of care you received was below what would be reasonably expected. You must also demonstrate that you’ve suffered a loss as a result.

For more information, see our guide to proving causation in medical negligence claims.

You may have a successful case if a doctor, nurse or hospital treating you was in breach of their duty of care to you

This duty of care includes:

  • Giving adequate healthcare
  • Keeping proper records
  • Administering medication
  • Performing surgery to an adequate standard
  • Diagnosing conditions accurately or early enough

 

What Are The Time Limits For Making A Medical Negligence Claim?

Navigating medical negligence claims can seem daunting, but understanding the general guidelines can make the process smoother. Court proceedings for Clinical Negligence must be commenced within 3 years of the date when you knew or ought to have known you suffered an injury as a result of the negligence of another. If you fail to commence Court proceedings within this period or agree an extension with the Defendant, your claim will likely become statute barred. Although Courts have a discretion to allow late claims to proceed, this discretion is rarely used in favour of Claimants.

There are a few vital exceptions including: 

If the negligence took place whilst the Claimant was a minor, claims can be commenced on their behalf at any point until they reach 18. Once a child turns 18, the standard three-year rule applies meaning they must commence Court proceedings ahead of their 21st birthday.

Where a person is deemed incapable of managing and administering property and affairs by reason of a mental disability, the time period only starts to run when the individual recovers capacity.

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Ian Clifton

Senior Associate Medical Negligence Solicitor

Areas of Expertise:
Medical Negligence

Ian is a Solicitor in our Medical Negligence team and is based in our Liverpool office. He has over 10 years’ experience of helping clients who have suffered as a result of negligent medical treatment.

Throughout his career, Ian has dealt with a wide variety of cases in the areas of oncology, gynaecology, dental, cosmetic surgery and general practice matters in addition to others. He has helped clients who have experienced:

Ian also has significant experience of acting on behalf of the families of patients who have sadly died as a result of negligent medical treatment.

References

Centers for Disease Control and Prevention (CDC). (n.d.). Healthcare-associated Infections (HAIs) - Surgical Site Infections (SSIs). https://www.cdc.gov/hai/ssi/ssi.html

WebMD. (n.d.). What Is a General Surgeon? https://www.webmd.com/a-to-z-guides/what-is-general-surgeon

Sepsis Alliance. (n.d.). Post Sepsis Syndrome. https://www.sepsis.org/sepsis-basics/post-sepsis-syndrome/

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