Sepsis misdiagnosis and delay: can you claim clinical negligence?

Sepsis can escalate rapidly and catastrophically but when medical professionals fail to act quickly, the outcomes can be even more tragic. This article examines the warning signs, risk factors, and how failures in diagnosis or treatment may constitute clinical negligence.

Published: May 27th, 2025

2 min read

Sepsis is a life-threatening condition and it is essential to obtain emergency medical assistance at the earliest opportunity.

When you have an infection, your immune system typically tries to fight it. For an unknown reason, in some cases, your immune system can have an abnormal response and begin damaging tissues and organs in your body as if they were the infection. If left untreated, this condition can progress to septic shock, multi-organ failure and death.

Anyone with an infection can develop sepsis, though some people are at a higher risk of this than others. This includes:

  • babies under 1 year, especially if they were premature or the mother had an infection while pregnant, or those over 75 years old;

  • people with a weakened or compromised immune system. This can include those who are having surgery or significant medical interventions such as an organ transplant and those with diabetes, HIV, sickle cell disease, or Down syndrome;

  • those who are immunosuppressed due to drug treatment, such as chemotherapy or oral corticosteroids, have indwelling lines or catheters, or active wounds.

Sepsis is often difficult to identify, as many of the symptoms can also be indicative of other conditions such as chest infections, meningitis, or the flu. When considering whether a person may have sepsis, it is important to remember TIME:

Temperature – if this is higher or lower than normal

Infection

Mental decline – if a person is confused, sleepy, has slurred speech, or is difficult to wake

Extremely ill – if in severe pain, discomfort, or experiencing breathing difficulties

Some additional physical indicators can vary depending on a person’s age, but can include:

  • pain or swelling around a wound;

  • blue, grey, pale, or blotchy skin, lips, or tongue. On brown or black skin, this may be easier to detect on the palms of the hands or soles of the feet;

  • a rash that does not fade when you roll a glass over it;

  • not having urinated all day, or in the last 12 hours (for babies and young children);

  • continuous vomiting and unable to keep food or milk down (for babies and young children).

Sepsis requires urgent treatment. The suitable treatment will depend on the symptoms you are presenting with and the duration you have had them. You will be admitted to the hospital and antibiotics will be the first approach. However, if on examination the sepsis is more severe or has become septic shock, you may require admission to the ICU, oxygen therapy to assist with breathing or even surgery to remove areas of infection.

Some research shows that the mortality rate for sepsis is around 25-30%, increasing to 40-60% if the patient is already presenting with septic shock. If detected and treated early, there is a chance that a full recovery can be made. For many people, however, this recovery period can still take months or years, and this is called post-sepsis syndrome.

In many cases, a delayed or incorrect diagnosis where sepsis is present may be more than just an unfortunate delay, it could amount to medical negligence. If a healthcare provider failed to investigate symptoms appropriately or ignored clinical indicators that should have led to earlier intervention, the patient and/or their family may be entitled to compensation.

Have You or a Loved One Suffered from a Delayed Sepsis Diagnosis?
Sepsis is a medical emergency, and when warning signs are missed or treatment is delayed, the consequences can be devastating, including life-changing injury or even death. Sadly, our Clinical Negligence team sees too many cases where early signs were overlooked or misinterpreted, leading to avoidable suffering. If you or someone close to you experienced a delay in sepsis diagnosis or treatment, or if red-flag symptoms were dismissed by healthcare professionals, you may have grounds for a negligence claim. Our expert solicitors specialise in sepsis-related malpractice and can help you understand your options. We offer clear, compassionate advice with no obligation and operate on a no win, no fee basis. Get in touch with our team today to find out if we can help.


For further information please contact Sarah Riley

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