I developed sepsis after a medical treatment. Could this be medical negligence?

Posted on: 3 mins read
Kate McCue

Partner & Senior Associate Solicitor, Medical Negligence

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One of our Medical Negligence experts, specialising in sepsis negligence claims, answers an important question for those who have experienced serious complications following medical care or treatment.

“I developed sepsis after a medical treatment. Could this be medical negligence?”

Answer: “Yes, in some cases. Sepsis is a serious and life threatening condition that requires urgent treatment. If healthcare professionals failed to recognise the signs, delayed treatment, or did not act quickly enough, and this led to your condition worsening, you may be able to make a medical negligence claim. Sepsis can have long lasting effects, including Post Sepsis Syndrome, ongoing infections, and both physical and emotional impact. If you believe your illness could have been avoided with earlier care, we can assess your situation and explain whether you may be eligible to claim compensation.”

 

Understanding your legal position

Sepsis occurs when the body has an extreme response to an infection, which can lead to tissue damage, organ failure, and in severe cases, death. Early recognition and prompt treatment are critical, which is why delays or failures in care can have serious consequences.

From a legal perspective, a medical negligence claim usually involves showing that the care you received fell below an acceptable standard, and that this directly caused avoidable harm. In cases involving sepsis, this may include a failure to identify symptoms, delays in prescribing antibiotics, or not acting on test results or clinical warning signs.

The effects of sepsis can be significant and long lasting. Many people experience ongoing health issues after their initial illness, including fatigue, reduced mobility, cognitive difficulties, and psychological impact. Post Sepsis Syndrome can affect both physical and mental wellbeing, sometimes requiring long-term support or rehabilitation.

To investigate whether a claim may be possible, it is important to review the medical care you received in detail. Our team can support you with this process by obtaining your medical records and working with independent medical experts to assess whether earlier diagnosis or treatment could have made a difference to your outcome.

If a claim is successful, compensation is intended to reflect both the physical and emotional impact of the illness, as well as any financial losses. This may include loss of earnings, the cost of ongoing treatment or rehabilitation, care and support needs, and the wider effect on your quality of life.

Strict time limits apply to medical negligence claims, and these are known as limitation periods. In most cases, you will have three years to bring a claim. This time limit usually runs from the date the negligent treatment occurred, or from the date you first became aware that your injury or condition may have been linked to substandard medical care. This is often referred to as the date of knowledge.

There are important exceptions to this rule. If the person affected is under the age of 18, the three year time limit will not begin until their 18th birthday. If a loved one has died as a result of suspected medical negligence, the three year period will usually run from the date of death or from when negligence was first identified as a possible cause.

Because these time limits can vary depending on the circumstances, it is important to seek legal advice as early as possible. Doing so can help ensure that your, or your loved one’s, case is properly assessed, that key evidence is obtained and preserved, and that any claim is brought within the required time frame

If you or a loved one developed sepsis following medical treatment and want to understand whether you may be able to make a claim, call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.

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Kate McCue

Partner & Senior Associate Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Kate joined the Clinical Negligence department at Simpson Millar in January 2023 after previously working at another law firm in Plymouth. She qualified as a solicitor in 2004 and has developed extensive experience in both Personal Injury and Medical Negligence.   

Initially Kate started working as a Defendant Solicitor for other firms. This has allowed her to develop a tactical advantage to her cases, using the experience of how a claim is dealt with from a Defendant’s perspective. 

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