Delayed Diagnosis of Sepsis and Medical Negligence Claims

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 Mills in 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 a highly skilled and compassionate medical negligence team with extensive 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
  • Fight tenaciously to secure rehabilitation, support, and compensation

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)

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