Medical Negligence And Sepsis Misdiagnosis – Can You Claim?

By Jo Greenwood. Last Updated 17th July 2023. You must meet certain criteria in order to make a medical negligence claim for your sepsis misdiagnosis. You must prove that a healthcare professional breached their duty of care. This breach must have caused you to suffer avoidable harm.

Sepsis misdiagnosis

Sepsis misdiagnosis claims guide

This guide will discuss the duty of care all medical professionals owe and how they could breach this duty. Additionally, we will share some examples of the compensation you could receive and the evidence needed to support your claim.

You can contact our friendly advisors today to discuss your circumstances. They are available 24/7 to offer you free legal advice and answer your questions. Furthermore, they could connect you with a professional solicitor from our panel if they believe you could be eligible for compensation.

To connect with one of our advisors, you can:

Select A Section

  1. Could You Claim For A Sepsis Misdiagnosis?
  2. Examples Of How Sepsis Can Be Misdiagnosed
  3. What Evidence Is Needed To Prove A Sepsis Misdiagnosis?
  4. Potential Sepsis Misdiagnosis Compensation Payouts
  5. Get Advice On How To Claim With A No Win No Fee Medical Negligence Solicitor
  6. Learn More About Claiming For Misdiagnosis

Could You Claim For A Sepsis Misdiagnosis?

To be eligible to make a sepsis misdiagnosis claim, you would need to be able to prove:

  1. A medical professional had a duty of care towards you
  2. They breached their duty of care towards you
  3. You suffered avoidable harm as a result of the breach

Every medical professional owes their patients a minimum standard of care. If the care they provide falls below the minimum standard, and you suffered harm as a result, you could be eligible to make a sepsis misdiagnosis compensation claim.

However, not every misdiagnosis is due to a fall in the standard of care. Therefore, your case may be put to a test known as the Bolam test. In such cases, your case would be assessed by a panel of appropriate medical professionals to see whether they believe the minimum standard of care was not met. The results of this test could support your claim.

If you would like to learn more about the eligibility criteria for making sepsis misdiagnosis claims, please contact an advisor. They could give you free, personalised advice.

How Much Time Do I Have To Start A Misdiagnosis Claim?

Before starting your claim for a misdiagnosis, you must ensure that you are still within the relevant time limit. For medical negligence claims, you generally have 3 years to start your claim. This can run from the date of the misdiagnosis or the date of knowledge. The latter refers to the date you first realised that the harm you suffered was caused by medical negligence. 

Do not hesitate to contact our advisors today to find out whether you are still within the time limit to begin your claim. Additionally, they could discuss the exceptions that can apply to this 3-year time limit.

Examples Of How Sepsis Can Be Misdiagnosed

As previously stated, you must prove that you suffered avoidable harm due to a healthcare professional breaching their duty of care to claim for a sepsis misdiagnosis.

There are various ways your sepsis could be misdiagnosed, such as:

  • GP negligence could result in you receiving a misdiagnosis. For example, if your GP failed to refer you for further testing, despite you displaying clear symptoms of sepsis.
  • You contracted an infection following a surgical procedure or during a hospital stay because the equipment that was used on you was not sterilised.
  • A doctor incorrectly reported and recorded your test results.
  • You were given the wrong medication for your sepsis, which made you unwell. 
  • Your condition could have been diagnosed as something else, such as a stroke

Not all misdiagnosis cases will entitle you to make a claim. If a medical practitioner took all the necessary steps and procedures when treating you, yet you were still misdiagnosed, you might not be eligible for compensation. 

Contact our advisors today if you are still unsure what circumstances are classed as medical negligence. They could also offer you free legal advice regarding your potential claim.

What Evidence Is Needed To Prove A Sepsis Misdiagnosis?

To increase your chances of your medical negligence compensation claim being successful, you will need to gather as much evidence as possible to support your case. Some of the evidence you could collect could include the following:

  • Correspondence with your healthcare provider.
  • A copy of your medical records stating you were diagnosed with sepsis and the treatment you received for it.
  • Blood test results.
  • A copy of your prescriptions.
  • Scans, such as X-rays scans of your lungs.

Additionally, the results of the Bolam test could also help support your claim if this is necessary. This is when a panel of relevantly trained medical professionals asses whether you received the correct standard of care.

A solicitor from our panel could also help you gather the evidence to put forward a claim that considers all aspects of the harm you were caused. Contact our advisors today for free legal advice on how to prove medical negligence in your sepsis misdiagnosis claim.

Potential Sepsis Misdiagnosis Compensation Payouts

Successful medical negligence claims will include general damages. This compensates you for the harm you have experienced due to medical negligence.

We have produced the table below using the compensation g

uidelines stated in the 16th edition of the Judicial College Guidelines (JCG). The JCG is used by various legal experts when valuing claims. This is because it lists compensation brackets for different types of injuries.

It is important to note that the specific factors of your claim could affect how much you receive and could differ from the amount listed below.

Edit
Injury. Notes. Compensation Guidelines.
Kidney (a) Both kidneys have been permanently damaged or lost. £169,400 to £210,400.
Kidney (b) A significant risk of the kidney’s natural function being lost or developing a future urinary-tract infection. Up to £63,980.
Bowels (a) Complete loss of the natural urinary and bowel function with other medical issues such as double incontinence. Amounts up to £184,200.
Bowels (b) The person may rely on a colostomy due to the complete loss of the natural function of the bowels. Up to £150,110.
Bladder (b) Total loss of function and control of the bladder. Up to £140,660.
Bladder (c) Some pain and incontinence due to the serious impairment of the control over the bladder. £63,980 to £79,930.
Lung Disease (a) Cases in a younger person where there is a possibility of the condition worsening and could result in premature death. £100,670 to £135,920
Digestive System (b)(i) Severe toxicosis that causes vomiting, diarrhoea, acute pain and fever and could lead to hospital admission. £38,430 to £52,500
Digestive System (b)(iv) For a few days/weeks, the person will suffer from diarrhoea and cramps with disabling pain. £910 to £3,950
Spleen (a) The spleen is lost, causing a risk of internal infections due to the damaged immune system. £20,800 to £26,290

Could I Claim For Other Types Of Losses Or Costs?

Additionally, if being harmed by medical negligence has caused to you suffer financially, special damages could compensate you for these losses. Some examples include:

  • Medical expenses – such as prescription costs.
  • Loss of earnings – this includes both past and future earnings.
  • Care costs if you’ve required a carer.
  • Travel expenses – this could be the cost of taxis to medical appointments.

To successfully claim these losses, you must provide the relevant evidence. Bank statements, payslips, receipts and invoices could all be used as evidence.

Contact one of our advisors today to discuss your claim for a sepsis misdiagnosis. Our advisors could help inform you on whether you may be eligible for compensation.

Get Advice On How To Claim With A No Win No Fee Medical Negligence Solicitor

After discussing your claim with one of our advisors, they could put you in contact with a solicitor from our panel if they believe that you may be eligible for compensation. Our panel of solicitors have experience dealing with various medical negligence claims.

They could help you with gathering evidence and arranging a medical assessment. Additionally, they may offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.

Some benefits of making a claim with a No Win No Fee lawyer generally include:

  • Not having to pay the solicitor you’re working with any upfront or ongoing service fees.
  • If the claim fails, you will not be expected to pay the solicitor for their services.
  • Alternatively, if the solicitor is successful with your claim, you will pay them a success fee. The success fee is capped by law and is taken from your compensation award.

Contact our advisors today if you have any questions about using a No Win No Fee agreement in your sepsis misdiagnosis claim.

Contact Us Today

If you still have any questions about claiming for a sepsis misdiagnosis that this guide has not covered, do not hesitate to contact one of our advisors today. Our friendly team is available 24/7 to answer your questions about medical negligence claims and offer you free legal advice. They could also connect you with an experienced solicitor from our panel, who could help you with your claim.

To connect with one of our advisors, you can:

Learn More About Claiming For Misdiagnosis

Additional articles by us about medical negligence claims can be found below:

Further resources:

Do not hesitate to contact our advisors today if you have any questions about starting a medical negligence claim for a sepsis misdiagnosis.

Page by NN

Published by NS