Sepsis is a silent killer that many people have never heard of. However, it causes more deaths globally each year than bowel, breast, and pancreatic cancer combined. Alarmingly, research suggests that almost 25% of sepsis-related deaths are preventable.
Even more concerning, recent research from Germany indicates that the four screening tools* currently used worldwide to identify life-threatening sepsis may be flawed. As a result, opportunities for early diagnosis and treatment can be missed.
Although sepsis can often be treated successfully with antibiotics when caught early, delays in diagnosis remain common. Unfortunately, these delays can lead to post-sepsis syndrome, long-term physical injury, psychological harm, or even death. Where this occurs, a medical negligence claim for delayed diagnosis of sepsis may be possible.
What Is Sepsis?
Sepsis, sometimes referred to as blood poisoning, is a potentially life-threatening condition. It occurs when the body’s response to infection becomes uncontrolled, causing widespread inflammation and organ dysfunction.
Sepsis can develop from a wide range of infections, including bacterial, viral, fungal, or parasitic infections.
How Sepsis Develops
Sepsis usually progresses through several stages:
Infection
Sepsis often begins with an infection in the lungs (such as pneumonia), urinary tract, abdomen (for example, a ruptured appendix), or through an open wound.
Immune response
In response, the immune system releases chemicals into the bloodstream to fight the infection. However, in sepsis, this response becomes excessive.
Systemic inflammation
The uncontrolled immune response triggers widespread inflammation. This can cause fever, rapid heart rate, fast breathing, low blood pressure, and confusion.
Organ dysfunction
In severe cases, inflammation disrupts vital organs such as the heart, lungs, kidneys, or liver. Without urgent treatment, this can be fatal.
Severe Sepsis and Septic Shock
As sepsis worsens, it may progress to severe sepsis or septic shock.
Severe sepsis occurs when one or more organs begin to fail and requires immediate medical attention. Septic shock is the most critical stage and is characterised by dangerously low blood pressure and a high risk of multiple organ failure.
Prompt treatment is essential. Typically, this includes antibiotics, intravenous fluids, and supportive therapies such as vasopressors or mechanical ventilation in more serious cases.
Why Is Sepsis Sometimes Diagnosed Late?
A delayed diagnosis of sepsis can have devastating consequences. Unfortunately, several factors contribute to delays, including:
- Non-specific early symptoms
Early signs of sepsis often resemble less serious illnesses, such as flu or viral infections. Symptoms may include fever, rapid breathing, confusion, and weakness. - Complex clinical presentation
Because sepsis can affect multiple organs, its symptoms often overlap with other conditions, making diagnosis more difficult. - Lack of awareness or training
Not all healthcare professionals are fully up to date with the latest sepsis guidelines or diagnostic criteria. - Underestimating severity
In some cases, clinicians may initially underestimate how unwell a patient is, particularly if vital signs appear stable. - Communication failures
Shift changes, agency staffing, and cross-department care can result in missed or delayed escalation of concerns. - Hidden infections
Sepsis can be harder to detect if the source of infection is deep within the body or if the patient has multiple underlying health conditions. - Higher-risk groups
Sepsis may present differently in children and older adults, increasing the risk of missed diagnosis. - System pressures
Staff shortages and limited resources can contribute to delayed recognition of complex conditions such as sepsis.
Martha’s Rule and Patient Safety
The issue of delayed diagnosis is so serious that the Government has supported the introduction of Martha’s Rule in England. This rule allows patients and their families to request an urgent second medical opinion if they believe their concerns are not being taken seriously.
This change follows the tragic death of Martha Millsin 2021. Martha developed sepsis after a cycling accident caused a pancreatic injury. A Coroner later ruled that she would likely have survived if doctors had recognised the warning signs earlier and transferred her to intensive care.
Can I Make a Medical Negligence Claim for Delayed Sepsis Diagnosis?
If healthcare professionals delayed diagnosing your sepsis and this resulted in avoidable physical or psychological harm, you may be entitled to compensation.
At NJS Law, our experienced medical negligence team can assess your case and guide you through the claims process.
Under the Limitation Act 1980, you generally have three years to bring a medical negligence claim. For this reason, it is vital to seek legal advice as soon as possible.
How NJS Law Can Help
We have an experienced and compassionate medical negligence team with experience in delayed diagnosis claims, including sepsis cases.
Our solicitors will:
- Listen carefully to your experience
- Obtain and analyse your medical records
- Instruct independent medical experts
- We gather the evidence, value your claim and negotiate with the insurer.
Throughout your claim, we will support you with care, professionalism, and determination.
* NEWS2 (National Early Warning Score), qSOFA (quick Sequential Organ Failure Assessment), MEWS (Modified Early Warning Score), and SIRS (Systemic Inflammatory Response Syndrome)
Thinking about a claim? Read about Medical Negligence Claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.