Sepsis Medical Negligence Claims 

What is Sepsis ? 

Sepsis is also known as blood poisoning and is usually caused by micro-organisms. Their presence triggers the immune system to overreact to an injury or infection. In normal circumstances the immune system fights infection, but there are occasions when it works overtime causing inflammation throughout the entire body damaging organs and tissues. More detail with an overview of sepsis can be found at Cleveland Clinics site.

Sepsis can be difficult to diagnose and can start with flu-like symptoms or an upset stomach. Symptoms vary between children and adults. Serious cases will lead to death. As it can be difficult to diagnose, medical professionals should be on their guard to notice any possibility of sepsis. Failure to identify or act on a suspicion of sepsis can lead to acute damage or death. 

Similar to any serious condition, early detection is crucial for effective treatment and prevention of long-term damage. If not caught and treated in time, it can lead to multiple organ failure, but if caught early enough, the condition can be treated with antibiotics. 

Failure by medical professionals to diagnose it or lateness in doing so can amount to medical negligence for which the medical professional or hospital can be sued. 

How a Medical Negligence Claim Can Be Made 

Delay can be a factor in developing sepsis. This can happen if a GP/hospital fails to spot the warning signs. Failure to do so allows the condition to progress without treatment. By the time it is diagnosed, and treatment starts, the damage may by then be irreversible to the point of becoming life-threatening or causing serious damage and distress to the patient.  

The common grounds for taking a medical negligence case are: 

• Failure by the medical professionals/hospital to identify the condition from the    

       warning signs. 

• Delays in getting the appropriate treatment. 
• GP failure to notice the early signs. 
• After being referred to a hospital or consultant for suspected sepsis was delayed 
• Testing errors caused a missed diagnosis of an infection. 
• Being given the wrong antibiotic to treat it.  

Any of these could result in a worsening of the condition, which could have been avoided by proper patient care.  

 There is a two-year limitation period in medical negligence cases. The clock runs from the time the patient first becomes aware of their condition, and it been caused or contributed to by the actions or inactions of their medical professionals. So, early contact with your solicitor is important. 

Before legal proceedings can be issued, the solicitor has a lot of work to do, so do not delay in speaking with your solicitor. 

All the medical records need to be obtained, and this can take time. Once all the records have been received, your solicitor will need a medical expert on sepsis to give their opinion on the treatment received and state whether the medical professionals failed to provide the expected standard of care in the diagnosis and treatment the patient received. 

Damages  

Damages fall under General Damages and Special Damages. 

Under General Damages, the court will take into consideration how serious the condition was and the pain, suffering the patient endured because of the negligence and will also take into consideration pain and suffering into the future, if that applies. 

Under Special Damages, here the patient/plaintiff can recover actual expenses incurred such as loss of income; expenditure in medical aids and medication, transport cost to and from medical appointments and out-of-pocket expenses directly related to the condition of sepsis.