Lucy Mellor, associate in clinical negligence at JMW Solicitors, writes on the delays, misdiagnoses and missed chances behind the estimated 48,000 sepsis deaths every year.
Sepsis is a leading cause of avoidable death in the UK. While NHS guidelines require immediate intervention, thousands of people continue to die because of delays in diagnosis, failures in treatment, and gaps in public awareness. In 2023-2024, there were 119,911 hospital admissions for sepsis in England, with 88% of cases requiring emergency care. Sepsis accounts for an estimated 48,000 deaths annually, yet many of these fatalities could be prevented if the healthcare system responded faster.
Despite efforts to advance sepsis awareness in the public, the UK continues to fall behind in meeting national treatment targets. Hospitals are failing to administer antibiotics within the critical one-hour window, patients are being discharged without adequate assessment, and misdiagnoses are delaying life-saving care. At the same time, gaps in public knowledge mean that many people do not recognise the symptoms of sepsis until it is too late. Together, these factors are putting lives at risk.
Delayed diagnosis and treatment
Every hour of delayed antibiotic treatment increases the risk of death by approximately 8%. NHS guidelines mandate that patients with suspected sepsis receive antibiotics within one hour, yet data from the UK Sepsis Trust indicates that only 49% of sepsis patients actually receive antibiotics within this timeframe. Patients are left waiting in emergency departments, test results are overlooked, and medical professionals do not always escalate care when symptoms worsen. These delays have led to preventable complications, permanent disability, and fatal outcomes.
In a healthcare system facing severe staffing shortages, NHS emergency departments saw 44% of patients waiting more than four hours for treatment in December 2023, marking the worst recorded performance. Recent NHS data shows that emergency departments are experiencing dangerous overcrowding, increasing the likelihood of treatment delays. Without immediate systemic change, patients will continue to face life-threatening risks due to avoidable errors in care.
Medical negligence claims frequently arise in cases where sepsis is not diagnosed quickly enough, or treatment is delayed. If a hospital fails to follow national sepsis protocols, the consequences can be catastrophic. Families who have lost loved ones due to delayed sepsis care often pursue legal action to hold healthcare providers accountable and push for improvements in patient safety.
Prevention failures
Preventative measures play a crucial role in reducing sepsis cases, yet healthcare policies do not prioritise vaccinations and infection control to the extent necessary. Many severe sepsis cases develop from infections that could have been prevented through routine vaccinations, such as pneumococcal and meningococcal vaccines, as well as annual flu jabs. Studies have shown that countries with higher vaccine coverage have lower rates of severe sepsis.
Antimicrobial resistance (AMR) is another growing concern. The effectiveness of antibiotics – the frontline treatment for sepsis – is being compromised by the overuse and misuse of these drugs. As resistant bacteria become more common, patients with sepsis face higher risks of complications and death because first-line antibiotics may not work. The Lancet highlights that AMR-related infections contribute to rising sepsis mortality, yet the UK has been slow to implement effective antimicrobial stewardship programmes in all healthcare settings.
The legal perspective
Not all cases of sepsis-related harm are the result of negligence, but healthcare providers have a duty to act swiftly in diagnosing and treating the condition. When hospitals fail to meet national standards – whether by delaying antibiotics, misdiagnosing symptoms, or discharging patients inappropriately – legal claims can arise.
Medical negligence claims in sepsis cases often involve a failure to diagnose sepsis early – doctors failing to adhere to the sepsis protocol, such as missing key symptoms or failing to order necessary tests; delays in treatment – hospitals not administering antibiotics within the NHS’s critical one-hour window; and premature discharge when patients sent home despite showing signs of sepsis, leading to rapid deterioration.
Families affected by negligent sepsis care frequently seek legal action not just for compensation, but to hold healthcare providers accountable and push for better adherence to sepsis management protocols.
How families can take action
Those who suspect that a loved one’s sepsis-related death or complications were avoidable should consider seeking legal advice. Gathering medical records and tracking the timeline of symptoms, treatment decisions and delays can provide crucial evidence in a negligence claim.
Legal professionals can help assess whether failures in care directly contributed to harm. In England and Wales, medical negligence claims must usually be brought within three years of the incident or from when the negligence was first identified. However, for children, this time limit does not begin until they turn 18.
Beyond legal action, families can also advocate for systemic change by raising awareness about sepsis symptoms, campaigning for better hospital practices, and supporting public health initiatives that prioritise prevention. Every case that brings failings to light contributes to the wider effort to improve sepsis care in the UK.
