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Learn How To Make A Sepsis Compensation Claim
Read our comprehensive guide on sepsis compensation claims to find out if you could be eligible to claim sepsis compensation with one of our No Win No Fee solicitors.
£85 million in compensation
Learn How To Make A Sepsis Compensation Claim
Read our comprehensive guide on sepsis compensation claims to find out if you could be eligible to claim sepsis compensation with one of our No Win No Fee solicitors.
How Much Sepsis Compensation Could I Claim?
Sepsis, if not treated promptly, can be a life-threatening condition, often causing life-changing consequences. If you developed sepsis as a result of substandard healthcare treatment, you might have the grounds to make a medical negligence claim for sepsis compensation.
We have created this comprehensive guide to explore who is eligible to claim and what criteria must be met in order to do so. Continue reading to find out how you could start your case with our No Win No Fee solicitors today.
Contact Us
To speak with one of our friendly advisors, you can reach the team by:
- Calling us on 0151 375 9916
- Filling out our online claim form
How Much Sepsis Compensation Could I Get?
In order to explore how much compensation you could receive, we must first understand how compensation is calculated. For medical negligence claims, compensation could be made up of two different heads of loss:
- General damages: this head of claim considers both the physical and psychological effects caused by the harm you have suffered. Any loss of amenity caused by the harm you suffered will also be taken into consideration.
- Special damages: this head of loss appreciates the financial losses caused by the harm you have suffered. We discuss this head of loss in more depth in the next section of this guide.
When assigning a value to general damages, solicitors may consider the Judicial College Guidelines (JCG). This framework categorises injury types alongside guideline compensation brackets. We have used some of these figures for the following table. Please note that these are guideline amounts only, and the top entry in the following table has not been taken from the JCG.
| Type of Harm | Notes | Compensation |
|---|---|---|
| Multiple forms of severe harm as well as special damages | Individuals will have experienced a number of serious forms of harm as well as special damages such as care costs. | Up to £1,000,000+ |
| Tetraplegia (also known as quadriplegia) | Individuals will show physical permanent pain as well as an effect on their senses or ability to communicate. | £396,140 to £493,000 |
| Paraplegia | The amount awarded will be impacted by the individual’s level of independence, life expectancy and any impact on sexual function. | £267,340 to £346,890 |
| Very Severe Brain Damage | There might be some limited ability to follow commands, but little or no response to their environment, and a large loss of language function. | £344,150 to £493,000 |
| Moderately Severe Brain Damage | There will be a great dependence on others for lifelong care, with the presence of physical or cognitive disabilities or limb paralysis | £267,340 to £344,150 |
| Kidney (a) | Significant permanent damage or loss of both kidneys. | £206,730 to £256,780 |
| Kidney (b) | Large risk of urinary tract infections or a completely loss of natural kidney function requiring continued future treatments. | Up to £78,080 |
| Bowels (a) | Double incontinence, and loss of bowel function and urinary function. | Up to £224,790 |
| Loss of One Arm (i) | Loss of one arm at the shoulder. | Not Less Than £167,380 |
| Below-Knee Amputation of One Leg | The amount awarded will be impacted by: the success of any prosthetics and phantom limb pains. | £119,570 to £162,290 |
Contact our advisors today to see whether you or a loved one may be eligible for sepsis compensation.
How Is Compensation Calculated For Sepsis Claims?
Compensation in sepsis claims is calculated by considering what harm has been suffered, how severe this harm is, what treatment has been needed, and what financial losses have been suffered, among other factors.
In successful sepsis compensation claims, as we explored above, your payout may also include special damages.
Below, we discuss the types of costs these damages can include:
- Loss of earnings: any loss of either current or future earnings can be claimed as part of special damages. These losses can also include lost benefits such as pension contributions or bonuses. Demonstrating payslips to show earnings can act as evidence to prove these losses.
- Care costs: whether gratuitous or professional care, these expenses could also be considered when valuing your compensation. If a family member has lost earnings due to taking time off work to provide care, these can be calculated as part of special damages.
- Medical expenses: suffering sepsis can now mean you face extortionate medical costs from recurring prescriptions or private medical treatment, such as physical therapy. These expenses could be proven with invoices or receipts.
- Rehabilitation and recovery: In severe situations, sepsis sufferers can experience detrimental ramifications, necessitating the need for private rehabilitation such as physiotherapy, which can be costly. As well as the physical recovery, you might have experienced psychological damage after the harm you suffered, meaning you require mental health support. These rehabilitation costs could be included as part of this head of claim.
- Home or vehicle adaptations: In severe cases of sepsis, you might have undergone an amputation. This can mean permanent mobility issues, requiring the installation of ramps, handrails or stairlifts in your home. These adaptive aids can be claimed for as long as you have proof to demonstrate these expenses.
The evidence that is needed to prove these financial losses can be obtained with the help of our solicitors. Contact us today to learn more about how our specialists could help you.
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Can I Make A Compensation Claim For Sepsis Negligence?
You could be eligible to make a sepsis compensation claim provided that your case satisfies the eligibility criteria below:
- A healthcare provider or institution (such as a hospital) owed you a duty of care
- This duty was breached
- The breach led to you suffering avoidable and unnecessary harm
These requirements form the foundation of any medical negligence claim. The first point of contention is whether you were owed a duty of care. In medical environments, any medical professional, whether this be a doctor, nurse or pharmacist, owes you a duty of care. Accordingly, they should provide a level of care and treatment that meets the minimum expected standard. Medical professionals can reach the quality expected of them by ensuring that they:
- Properly listen to patients’ symptoms and take them seriously
- Order further testing where applicable
- Providing correct medical advice to patients
Additionally, all medical professionals are governed by bodies such as the General Medical Council, which outlines professional standards for such medical professionals in their roles. It is essential to note that not all sepsis cases will constitute a claim, particularly when a medical professional has acted in accordance with their duty of care, yet sepsis still develops.
Sepsis Claims On Behalf Of A Loved One
In two specific circumstances, you might be able to claim on behalf of a loved one. If a claimant is under 18, they’re unable to claim on their own behalf. Following this, if a claimant lacks the mental capacity to make a claim, you could also claim on their behalf.
In these cases, you could apply to be their litigation friend.
Acting in this role allows you to make a claim on behalf of another, but also comes with a number of responsibilities, such as acting in their best interests and keeping the claimant updated throughout the claim.
Here at JF Law, we can assist you in applying for this role, or alternatively, you may be appointed by the courts.
Fatal Sepsis Compensation Claims
You could make a fatal sepsis compensation claim if a loved one died due to negligent medical care.
In the first 6 months following the death, the deceased’s estate is the only eligible party able to make a claim under the Law Reform (Miscellaneous Provisions) Act 1934. The estate can make a claim to encompass the pain, suffering and financial losses of the deceased. They can also claim on behalf of certain relatives of the deceased, known as the dependents.
If no claim is made on their behalf during these 6 months, under the Fatal Accidents Act 1976, dependents have the ability to make their own claim for how the death has impacted their lives.
To learn more about fatal sepsis compensation claims, contact our knowledgeable advisors today. They’re available to discuss any questions you may have and offer support.
Examples Of Sepsis Medical Negligence Claims
Beneath, we explore some common ways that negligence could lead to a sepsis compensation claim:
- Failure to monitor: if left untreated, sepsis can very quickly develop into a life-threatening condition. If a healthcare provider fails to properly notice the signs and symptoms of sepsis that a patient is presenting, this might lead to organ damage or failure, or even fatalities in the most severe cases.
- Medical misdiagnosis: a lower standard of medical treatment could result in misdiagnosis if, for example, a doctor mistakes signs of sepsis as those of a normal chest infection. If they then fail to request further testing or investigate your symptoms further, your sepsis can go untreated. This could lead to septic shock, resulting in the need for surgical amputation.
- Inadequate post-operative aftercare: In line with the duty of care owed to you, healthcare professionals should provide adequate aftercare. If, for example, your nurse fails to administer antibiotics at a specific time, this might lead to the worsening of your sepsis, ultimately resulting in organ failure.
These are not the only ways in which substandard care might lead to a sepsis compensation claim so if your claim particulars differ, please don’t worry. Contact our advisors today for a free discussion about the next steps of your own case.
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Sepsis Compensation Claims Time Limits
The time limit for sepsis compensation claims is 3 years, as established for all medical negligence claims by the Limitation Act 1980. This time limit can run from:
- The date of the negligent treatment
- The date of knowledge, whereby you realised that the treatment you received caused the harm you suffered
There are, however, two exceptions to this limitation period; those who are under 18 at the time will have 3 years from the date of their 18th birthday to start a claim, as they are unable to make their own while they are a minor. Additionally, those who are mentally incapacitated will have their time limit paused until a full recovery is made, where possible.
It’s imperative that your claim is started within this time limit, as it might become time-barred if not. Contact us today if you have any questions about whether your claim would fall within the limitation period.
How Can I Support My Claim For Sepsis Compensation?
You can support your claim for sepsis compensation by ensuring you have sufficient supporting evidence. This should show the severity of the harm you suffered and how it was caused by substandard medical care. This might include documents such as:
- Correspondence between you and the medical institute you received care from
- Copies of any of your medical tests, x-rays or scans
- Medical evidence, such as your GP record, to show any prescriptions or diagnoses
- A personal diary detailing any symptoms, the care you received and any health impacts
- The contact details of anyone who witnessed your treatment
- The findings of the Bolam Test. (This is when medical professionals trained in the relevant field assess whether the treatment you received was substandard or not).
Please rest assured, as by working with one of our solicitors, you wouldn’t have to gather this evidence by yourself. As part of the services we offer, our solicitors can assist in obtaining any evidence your claim may require.
To learn more about how you can prove your sepsis compensation claim, get in touch with our advisory team today or alternatively, continue reading to find out more information about the services offered by our solicitors.
No Win No Fee Sepsis Claims
Claiming with one of our solicitors through the use of a Conditional Fee Agreement (a type of a No Win No Fee agreement), can be advantageous as it means you have no upfront payments for a solicitor to start work on your claim. There are also no ongoing payments for them to continue working on your claim. Additionally, if your claim were unsuccessful, no fees would be required to cover our solicitors’ work.
Rather, if your claim is successful, a small fee would be payable from your compensation at the end of your claim. This fee is limited in line with the Conditional Fee Agreements Order 2013 to ensure claimants receive the majority of their compensation.
To learn more about how our expert medical negligence solicitors could help you, contact us today.
How Can JF Law Help Me Claim For Sepsis Negligence?
As well as operating on a No Win No Fee basis, our solicitors here at J.F. Law have combined decades of experience advocating for clients just like yourself; they are experts in medical negligence and can offer you specialist advice through each step of your own personal claim.
In addition to this, by instructing one of our solicitors, you can expect:
- Support with organising an independent medical assessment where needed
- Clear, approachable advice and answers to any queries
- Dealing with all aspects of your sepsis compensation claim so you are able to focus fully on your recovery, whilst our solicitors work tirelessly to secure compensation on your behalf
- Negotiating and corresponding with the defendant, and aiming to reach a settlement that reflects the harm you have endured
- Help with applying to act as a litigation friend, or support navigating the fatal accident claims process
This isn’t all that our solicitors can do for you; they understand that sepsis can have life-altering consequences. This is why our solicitors are committed to working alongside you as your advocate.
Contact our advisors today to discuss your sepsis compensation claim and learn whether one of our solicitors could help you:
- Calling us on 0151 375 9916
- Filling out our online claim form
Sepsis Compensation Claims - FAQs
Below, we have answered the most commonly asked questions about sepsis.
What Are The Signs And Symptoms Of Sepsis?
Signs and symptoms of sepsis can range from flu-like symptoms to those similar to those of a chest infection.
In children, the symptoms might include:
- Trouble breathing
- A red rash which doesn’t dissipate with a glass rolled over it, similar to symptoms of meningitis
- Low energy, more lethargic than usual
- Blotchy, grey or blue skin, lips or even tongue
Whereas the signs in adults may present like:
- Breathlessness, difficulty breathing or laboured or fast breathing
- Pain or discomfort
- Slurred or mumbled speech, no coherence and confusion
- Low body temperature or fever
What Is The Diagnosis Process For Sepsis?
Sepsis is typically diagnosed through a combination of physical examinations and assessment of symptoms. Other diagnostic tests can be used to help confirm sepsis, such as blood tests or urine samples, which may reveal signs of infection or organ dysfunction. Scans, such as CT scans or X-rays, can also be used to show the progression of the infection and how the body is responding to it.
Does All Sepsis Progress To Septic Shock?
Not all sepsis will progress to septic shock. Early treatment and management of the infection is crucial because it minimises the risk of septic shock developing. Each hour that treatment is delayed, the likelihood of septic shock increases.
More Information
Why not read our other guides about:
- How to start a cancer delayed diagnosis claim
- Making pressure sore claims
- How to make epilepsy misdiagnosis claims
Other External Resources
- When to call 999 from the NHS
- How sepsis should be managed from the National Institute for Health and Care Excellence
- The Government’s overview of Statutory Sick Pay
Thank you for reading our sepsis compensation guide.
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