Elizabeth Davies, a clinical negligence solicitor specialising in sepsis cases at JMW Solicitors, explains why delayed diagnosis may be grounds for legal action.
Sepsis is a rapidly progressing medical emergency that demands immediate intervention. NHS guidelines mandate that patients with suspected sepsis receive antibiotics within one hour; however, many do not. Prompt recognition and treatment significantly improve recovery chances, while delays can lead to organ failure, amputations, or death.
Despite well-established protocols, avoidable delays in diagnosis and treatment continue to endanger lives. In the 2023-24 financial year, there were 119,911 hospital admissions in England with a primary diagnosis of sepsis, 88% of which were emergency cases. Sepsis was the underlying cause for approximately 4,276 deaths annually in the UK in 2023 – a 63% increase from 2018. In the same year, 26,203 death certificates mentioned sepsis. Studies suggest that timely diagnosis and appropriate treatment could prevent around 79% of these fatalities.
The financial burden of sepsis is also severe. A 2017 study estimated that sepsis costs the NHS between £1.5 and £2 billion a year, with the broader UK economy facing a total cost of £11 to £15.6 billion each year.
These delays often stem from overstretched hospitals, limited resources, medical errors, misdiagnoses, or failures to escalate care. Patients discharged with undiagnosed sepsis or left waiting excessively for treatment face a high risk of deterioration. Once septic shock develops, survival rates plummet, and survivors often endure permanent disabilities, long-term organ damage, and a drastically reduced quality of life.
When delayed sepsis care becomes medical negligence
Some delays in sepsis treatment are unavoidable; however, failures by healthcare professionals can be grounds for a medical negligence claim. A delay may be considered negligent if:
- A GP or hospital doctor fails to recognise sepsis symptoms, leading to a delayed diagnosis.
- A patient is discharged despite exhibiting clear signs of sepsis, resulting in preventable deterioration.
- Test results indicating sepsis are overlooked, delaying life-saving treatment.
- Antibiotics are not administered within the one-hour window, contrary to NHS guidelines.
- Escalation to intensive care is delayed, causing avoidable complications.
To establish negligence, it must be demonstrated that a breach of duty caused further harm. If timely treatment could have facilitated recovery but delays led to complications or death, legal action may be warranted.
Failures in promptly recognising and treating sepsis can have devastating consequences. A documented case involved a patient who died after being wrongly discharged from hospital despite presenting clear sepsis symptoms. Their condition deteriorated rapidly, leading to fatal complications that could have been prevented with adherence to established sepsis protocols.
This case highlights a pattern in sepsis negligence claims: medical staff failing to take early warning signs seriously, dismissing symptoms as minor, or not adhering to the NHS’s one-hour treatment window. Once discharged, the patient’s family lacked medical support as the condition worsened, leading to a critical delay in obtaining life-saving care. By the time they returned to the hospital, the infection had progressed beyond control.
Had sepsis been correctly diagnosed and treated initially, the patient’s survival chances would have been significantly higher. This underscores the dangers of failing to escalate care, administer immediate antibiotics, and follow clear clinical guidelines. It also illustrates why families affected by negligent sepsis care pursue legal action – not only to secure compensation but to hold hospitals accountable and advocate for improved patient safety standards.
How patients can take action
Individuals who believe treatment delays caused harm should request complete medical records to identify potential failings. Medical negligence solicitors can assess whether avoidable delays contributed to complications or death. Seeking legal advice early is crucial, as strict time limits apply for making a claim.
Families should maintain a timeline of symptoms, hospital visits, and medical decisions. If a loved one has died due to sepsis-related complications, a claim may still be possible on their behalf.
Legal action can help secure financial support for ongoing medical care, rehabilitation, and necessary adaptations to living arrangements. More importantly, it holds healthcare providers accountable, prompting hospitals to improve sepsis protocols and prevent future failures.
The need for urgent systemic change in sepsis care
Despite advances in sepsis awareness, hospitals continue to miss national sepsis care targets, leading to preventable deaths and life-altering complications. Sepsis screening remains inconsistent, with some NHS Trusts lacking structured detection and escalation processes. While certain hospitals have improved, others persistently fall short of national guidelines, unnecessarily endangering patients.
Implementing mandatory sepsis training for all frontline staff could reduce treatment delays, particularly in A&E departments and GP surgeries, where early recognition is vital. A national sepsis strategy is essential to ensure uniform response times and treatment protocols across all hospitals.
Enhanced data collection and public reporting on sepsis treatment failures could spotlight hospitals that consistently fail to act within the critical one-hour window. Without transparency, patients and families are often forced to uncover medical failings through legal proceedings rather than proactive hospital accountability.
Why patients must take action to demand change
Delays in treating sepsis continue to claim lives, subjecting patients, and families to preventable suffering. The healthcare system must be held accountable for avoidable delays resulting in death, amputation, or permanent disability. Seeking legal advice is a vital step in ensuring patients receive justice and compelling hospitals to enhance their sepsis response times.
Many families do not realise that a delayed diagnosis or failure to follow NHS sepsis protocols may be grounds for legal action. Pursuing a claim not only helps individual families but also ensures that hospitals review their procedures and prevent further failures.
Those affected by sepsis negligence should act quickly to seek legal advice, request medical records, and gather evidence. Holding healthcare providers accountable is essential in driving change and preventing future tragedies.
