Categories
Medical Negligence

Delayed Diagnosis of Sepsis and Medical Negligence Claims

September 2023

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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Categories
Birth Injury

How Do I Claim Compensation For A Birth Injury?

September 2023

Most women giving birth today expect to leave hospital safe and sound with a healthy baby. Modern medicine has led us into a false sense of security when it comes to childbirth. We all know that pregnancy and labour were highly dangerous in the past, but surely nothing catastrophic happens nowadays? If only this were true. 

Unfortunately, scores of women and infants suffer birth injuries every year. Midwives and obstetricians usually provide exemplary care; however, due to NHS staff shortages, underfunding, and human error, mistakes happen and the consequences can be devastating.

If you or your baby have suffered a birth injury due to medical negligence, you may be able to claim compensation. 

What is a birth injury?

Birth injuries are injuries caused to a mother and/or infant before, during, or soon after labour. Examples of injuries that can affect the mother include:

  • Perineal trauma
  • Haemorrhage
  • Infection
  • Ruptured uterus
  • Prolapsed uterus
  • Broken pelvis
  • Pre-eclampsia

Babies can also suffer a range of birth injuries, including:

  • Cerebral palsy
  • Oxygen starvation (Anoxia or Hypoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Erbs palsy, also known as shoulder dystocia
  • Stillbirth

Some are minor and leave no lasting ill-effects. Others are lifechanging for mother and/or child, resulting in the need for a lifetime of care and medical treatments. In between are the moderate injuries that affect the patient’s quality of life and cause pain and suffering for a period of time. In the latter two scenarios, making a claim for birth injury compensation provides not only a way to access money and rehabilitation, but also the ability to get an explanation for what went wrong.

How do I prove that negligence caused a birth injury?

If you believe you may have suffered negligent care or treatment during pregnancy and/or labour, or shortly after your baby was born, you will need to prove, on the balance of probabilities, that:

  • You were owed you a duty of care by the healthcare professional (the NHS Trust is normally the Defendant in such cases),
  • The duty owed to you was breached, and
  • The breach resulted in you and/or your baby’s personal injury.

Your Birth Injury Solicitor will examine you and/or your child’s medical records, talk to witnesses, and, most importantly, listen to your story in order to establish whether a birth injury claim exists.

If your Solicitor agrees that your care/treatment fell below the standard normally expected of a competent healthcare professional operating in similar circumstances, they will often instruct an expert in midwifery and/or obstetrics to write a detailed report to present to the Court on the likely cause of your injuries and your prognosis. The latter is particularly important when it comes to calculating the amount of damages to award should you win your case.

How long do birth injury claims take?

Claims involving moderate birth injuries can take anything from 12-24 months to conclude. Catastrophic birth injury claims, such as severe cerebral palsy, can take 36 months or more. This is because award settlements in such cases can run to millions of pounds and the evidence can be extremely complex.

Because these types of cases can take a long time, it is crucial that you choose a Birth Injuries Solicitor who you feel comfortable with. You need to feel confident that you can speak openly about your worries and frustrations and that they are by your side, fighting for a positive result. It is important to note that results do not mean only the final settlement. If you or your baby require urgent medical care and rehabilitation, your Solicitor will initially focus on getting a care plan in place and interim payments to fund the treatment required to increase the chances of recovery.

How do I pay for a Solicitor in a birth injury claim?

If you or your baby have suffered a birth injury, money is likely to be a key concern for you and your family, especially if you have had to take extended time off work and/or pay for medical treatment. If, having had an initial discussion, your Birth Injury Solicitor believes your claim has a good chance of success, they are likely to take your case on a No Win, No Fee basis. This means that if you lose your case, you will not be charged legal fees, although you may have to pay for any disbursements (expenses relating to your case).

Wrapping up

Over the past decade the sometimes shocking state of neo-natal and maternity care in England and Wales has been laid bare. One newspaper recently provided a concise summary of the situation to date:

“When it comes to neo-natal and maternity care, in the past decade alone the Ockenden review of the Shropshire maternity scandal (March 2022) revealed a “them and us” culture at the Shrewsbury and Telford Hospital NHS Trust between midwives and other staff, to the detriment of mothers and babies. A review by Dr Bill Kirkup (October 2022) of serious failings in maternity care at East Kent Hospitals University NHS Foundation Trust found women in labour were treated with “callousness” and “cruelty”, while trust chiefs appeared to play down problems. The Morecambe Bay report (March 2015) exposed a “lethal mix” of failings at almost every level in the maternity unit at Furness General Hospital in Cumbria. And an independent review of failings in maternity services at Nottingham University Hospitals, commissioned this year, is expected to uncover the biggest maternity scandal in NHS history.”

The above statement confirms that if you or your baby have suffered a birth injury through negligent care, you are far from alone. What matters now is you get the support you need to make a compensation claim so you can fund the rehabilitation and care you and/or your child needs. In addition, bringing a compensation claim can get you answers as to what caused you or your baby’s injuries, and/or an apology from the NHS Trust concerned.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 01 625 667166 today to discuss your claim.

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Categories
Medical Negligence

Royal Sussex Hospital Under Medical Negligence Investigation

September 2023

An ongoing police investigation into allegations of medical negligence and an alleged cover-up at the Royal Sussex County Hospital (RSCH) in Brighton has expanded to include more recent cases. What began as an inquiry into incidents between 2015 and 2020 under Operation Bramber now reportedly includes cases from 2021.

As a result, concerns about patient safety at the hospital have intensified. Internal sources allege that unsafe surgical practices may still be occurring, raising serious questions about standards of care within certain departments.

Background to Operation Bramber

The investigation first came to public attention after The Guardian reported that Sussex Police were examining the deaths of around 40 patients. These deaths occurred across the hospital’s general surgery and neurosurgery departments.

Initially, the focus was on allegations of medical negligence. However, investigators have since uncovered claims involving severe patient harm and avoidable deaths. Consequently, the scope of the inquiry has widened significantly.

Ongoing Concerns Raised by Hospital Insiders

According to individuals with direct knowledge of the situation at RSCH, serious issues remain unresolved. They claim that some surgeons continue to present a risk to patients. Furthermore, allegations of avoidable deaths and poor surgical outcomes persist.

Taken together, these claims underline the seriousness of the concerns and the importance of the ongoing investigation.

Cases Under Scrutiny

The Death of Lewis Chilcott

One of the more recent cases involves Lewis Chilcott, a 23-year-old who died at RSCH in July 2021. It is alleged that an error during a tracheostomy procedure led to infection and a fatal arterial haemorrhage.

Following an inquest, the coroner concluded that Mr Chilcott’s death resulted from a rare complication of the procedure. However, the complication was believed to have been caused by an improperly positioned tube.

The Case of Jugal Sharma

Another case involves Jugal Sharma, aged 63, who was left severely disabled after surgery in April 2020. According to his family, a misdiagnosis led to an unnecessary operation. During that procedure, Mr Sharma is said to have suffered a stroke that initially went unnoticed.

Subsequently, the tumour believed to be an aggressive grade 4 cancer was later identified as a less serious grade 2 tumour. Notably, the consultant involved had previously been named in a detailed report outlining alleged surgical errors linked to patient harm and deaths.

Awaiting Answers and Accountability

Families affected by these incidents, along with the wider public, are now awaiting the outcome of the police investigation. Many hope it will provide clarity, accountability, and reassurance about patient safety at Royal Sussex County Hospital.

Have You or a Loved One Been Affected?

If you believe that you or a family member may have been affected by medical negligence at Royal Sussex County Hospital between 2015 and 2021, our Medical Negligence team at NJS Law is ready to help.

We have extensive experience in handling complex medical negligence claims. Importantly, we can review your circumstances and advise on whether you may have grounds for a claim.

Why Making a Medical Negligence Claim Matters

Although nothing can undo the harm caused by medical negligence, a claim can:

  • Provide financial security for dependent family members
  • Help cover loss of income, care costs, and other expenses
  • Hold healthcare providers accountable for substandard car
  • Reduce the risk of similar harm occurring to other patients

Compassionate Legal Support When You Need It Most

Death or serious injury caused by medical negligence is devastating. We understand the emotional and financial strain this places on families. For that reason, we work tenaciously and compassionately to pursue justice on your behalf.

Our team has decades of combined experience in clinical negligence cases. Throughout your claim, we will support you every step of the way.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.