This guide explores when you could be eligible to make a medical negligence claim following a sepsis misdiagnosis. We start by looking at the eligibility criteria you must satisfy to claim medical negligence compensation.
Can I Claim For The Misdiagnosis Of Sepsis?
Then, we provide examples of how a misdiagnosis could occur and the impact it could have. Following this, we discuss how your misdiagnosis claim could be assigned a value and, if successful, what could be included in your settlement.
We also outline how evidence could help support your medical misdiagnosis claim and give examples of the types you may want to use.
Finally, we examine the advantages of instructing a solicitor on a No Win No Fee basis, should you want expert help and have an eligible medical negligence claim.
Contact our team of advisors now to find out the validity of your sepsis misdiagnosis claim. You can do so today by:
- Calling us on 0113 460 1216
- Completing our ‘Contact Us’ form to enquire about your claim online
- Speaking with us via live chat on our website
Choose A Section
- Can I Make A Medical Negligence Claim For Sepsis Misdiagnosis?
- How Can Sepsis Misdiagnosis Be Caused?
- Sepsis Compensation Payouts – What Could I Receive From A Successful Claim?
- Evidence That Could Help In Misdiagnosis Claims
- Claim For A Misdiagnosis Of Sepsis Using No Win No Fee Solicitors
- Read More About Claiming For Sepsis Misdiagnosis
Can I Make A Medical Negligence Claim For Sepsis Misdiagnosis?
Medical professionals owe their patients a duty of care to provide the correct standard of care in order to prevent unnecessary harm. If a medical professional provides care below the minimum standard expected of them and you suffer avoidable harm, you may wonder whether you could claim medical negligence compensation.
To make a sepsis misdiagnosis claim, you must be able to satisfy the eligibility criteria and show that:
- A duty of care was owed to you
- This duty was breached
- You suffered unnecessary harm because of the breach
Contact our team of advisors now, who can provide a free consultation to uncover the validity of your medical negligence claim. If your case is eligible, they may offer to pass you over to a solicitor from our panel.
How Can Sepsis Misdiagnosis Be Caused?
The symptoms of sepsis can lead to your body damaging its own tissues and organs and, in some cases, can be life-threatening.
Below, we provide examples of how a sepsis misdiagnosis could occur.
- A nurse may fail to notice an infection starting to develop from an open wound, meaning you experience a delayed diagnosis and your symptoms worsen.
- A doctor could incorrectly take a wound culture, leading to an inaccurate result meaning your condition is misdiagnosed. As a result, you receive the wrong and unnecessary medical treatment and experience worsening symptoms.
Please keep in mind that not all instances of a sepsis misdiagnosis will result from a medical professional failing to fulfill their duty of care. As such, it may not always be possible to pursue a medical negligence claim.
Contact our team of advisors now to determine if your circumstances make you eligible to claim medical negligence compensation due to a sepsis misdiagnosis. A solicitor from our panel could assist you with your case if it’s valid.
Sepsis Compensation Payouts – What Could I Receive From A Successful Claim?
If you make a successful medical negligence claim following a sepsis misdiagnosis, you could be awarded up to two heads of claim. General damages compensate you for the pain and suffering caused by the medical negligence and will be awarded if your case succeeds.
To help work out how much this aspect of your medical negligence claim could be worth, a legal professional may turn to the Judicial College Guidelines (JCG). This publication outlines guideline compensation brackets for different harm types at varying levels of severity. A legal professional may also request your medical report to compare with the JCG.
Below you will find a table of JCG figures. However, since all cases differ, no guarantee can be made regarding the compensation you could be awarded. As such, you should use these figures as a guide only.
Compensation Table
| Harm Type | Compensation - Guidelines | Notes |
|---|---|---|
| Kidney | £169,400 to £210,400 | Serious and permanent damage to both kidneys or where both kidneys are lost. |
| Up to £63,980 | Significant risk of urinary tract infection or other total loss of natural function. | |
| £30,770 to £44,880 | Loss of one kidney with the other kidney remaining undamaged. | |
| Bowels | Up to £184,200 | Double incontinence, with total loss of natural function and complete loss of urinary function as well as control. |
| Up to £150,110 | Total loss of natural function, depending fully on a colostomy. | |
| In the region of £79,920 | Faecal urgency and passive incontinence that persists post surgery. | |
| Bladder | Up to £140,660 | Complete loss of function and control. |
| Spleen | £20,800 to £26,290 | Loss of spleen with continuing risk of infection due to a damaged immune system. |
Claiming Financial Losses In Sepsis Misdiagnosis Claims
Special damages, which compensate you for any reasonable losses incurred previously and in the future due to medical negligence, is the second head of claim you could be awarded. You should keep evidence of these losses to ensure you’re fully compensated for them.
Evidence you may consider supplying includes:
- Receipts that outline your medical expenses required to recover.
- Payslips that highlight your loss of earnings whilst being unable to work.
- Bus tickets that show your travel costs whilst being unable to drive.
Get in touch to learn more about medical negligence compensation payouts and how they are calculated. An advisor could also provide you with a free valuation of what you could potentially receive.
Evidence That Could Help In Misdiagnosis Claims
A sepsis misdiagnosis claim could be made if medical negligence occurred. Evidence can be very helpful in proving the care provided by a medical professional fell below the expected standard and highlighting how you have been affected by it. Therefore consider gathering the following to support your medical negligence claim:
- Medical records, such as scans and test results.
- Witness contact details from those who have attended appointments with you.
- Diary entries of your symptoms and treatments.
Providing your medical negligence claim for a sepsis misdiagnosis is eligible; a solicitor from our panel could help you gather this evidence as part of their service. They have experience handling medical misdiagnosis claims and can offer their services nationwide.
For more information, please contact an advisor on the number above.
Claim For A Misdiagnosis Of Sepsis Using No Win No Fee Solicitors
If you’re eligible to make a sepsis misdiagnosis claim and want expert advice, consider instructing a solicitor on a No Win No Fee basis. A Conditional Fee Agreement is a type of No Win No Fee agreement that could be offered to you. It typically means:
- You don’t have to pay any costs upfront to begin instruction.
- No fees for the solicitor’s services will be required as the case is ongoing.
- If your claim is unsuccessful, you wouldn’t have to pay the solicitor for the service they provided.
- A success fee will be taken by the solicitor if your claim wins. This is taken as a small, legally capped percentage of your compensation.
Our panel of medical negligence solicitors offer their services under this type of contract. They also only agree to work with you if they feel your medical negligence claim has a good chance of winning. This means that if they agree to your instruction, you can be confident your time will be well spent.
To find out the validity of your medical misdiagnosis claim, contact our team of advisors now by:
- Calling us on 0113 460 1216
- Completing our ‘Contact Us‘ form to claim online
- Speaking with us via live chat on our website
Read More About Claiming For Sepsis Misdiagnosis
If you would like to read more of our helpful guides, please look below:
- How long does a medical negligence claim take?
- Can I use a medical negligence calculator?
- Medical negligence payouts explained
For some external resources, look here:
- Information from the NHS about when to call 999.
- A guide from GOV.UK on The NHS Constitution for England.
- Guidance on the professional standards expected of doctors from the General Medical Council.
We hope this guide has answered your questions about making a sepsis misdiagnosis claim. However, if you require any further questions, please contact an advisor on the number above.
Writer Will Gall
Editor Meg McGloughlin
