Sepsis is a life-threatening medical condition which can result from various forms of infection and can be fatal if untreated. Patients or their families may be able to bring a clinical negligence claim if sepsis has been treated incorrectly, or where sepsis results from a failure in their treatment.
Our client JAL died aged 40 following development of sepsis after the mismanagement of colitis. Her partner JLL instructed Stewarts as administrator of her estate. The settlement was handled by senior associate Gabrielle Ross, and counsel Isaac Hogarth of 12 King’s Bench Walk. Gabrielle and paralegal Sania Kamran review JLL’s case in this article.
How does sepsis arise?
Sepsis is a life-threatening response to an advanced infection. It develops when “your immune system overreacts to an infection and starts to damage your body’s own tissues and organs,” according to the NHS definition. It is sometimes also known as blood poisoning or septicaemia.
The symptoms of sepsis include:
- Slurred speech or confusion
- Extreme shivering or muscle pain/fever
- Failure to pass urine
- Serious breathlessness
- Mottled or discoloured skin
Recent statistics suggest that sepsis is the most common cause of preventable death globally, affecting around 50 million people and accounting for at least 11 million deaths each year. The most effective defence against sepsis is quick treatment of the underlying infection itself.
One of the most common negligence claims brought by sepsis patients is failure to diagnose or correctly treat the condition, but it is also possible to bring a claim where sepsis could have been prevented had a “reasonable standard” of treatment been provided.
JAL’s case
JAL went to the GP twice in 10 days. By the second time, it was following 3 weeks of diarrhoea and she was prescribed antibiotics. JAL’s GP subsequently made a routine referral to a colorectal surgeon requesting imaging.
The following day, her partner called 111 as JAL had lost a significant amount of weight and was weak all over. Upon their advice, JAL was referred to (the defendant’s) hospital. A CT scan showed features suggestive of diffuse colitis, ie inflammation of the colon.
JAL underwent exploratory surgery, partial removal of the colon and a stoma. Following this, JAL was noted to be septic and admitted to the ICU. A subsequent report also noted multiple bowel perforations and a further CT scan indicated that disease had progressed to her lungs. JAL underwent a number of further operations and procedures without success and around two weeks later, JAL sadly died.
JAL’s claim
The claim brought by Stewarts on behalf of her partner alleged that JAL sustained a perforated bowel, sepsis and then developed acute respiratory distress syndrome, as a result of the negligence of the defendant.
Judgment on liability was obtained, as the defendant made admissions including the failure to:
- Arrange for JAL to undergo twice daily clinical assessment by a senior member of both the gastroenterology and surgical team.
- Arrange for JAL to be seen by a gastroenterologist.
- Arrange for JAL to be seen by a surgeon.
- Undertake surgery.
The defendant further admitted that had surgery taken place when it should have, JAL would have avoided bowel perforation and would not have died. JAL would have required only a partial colectomy (removal of part of the colon) and an ileostomy (bringing the end of the small bowel through an opening in the abdomen to a stoma) but would have made a good long-term recovery.
At a round-table settlement meeting on 10 November 2023, the parties reached a seven-figure settlement including payments to compensate the children of JAL for the loss of services in looking after them.
The settlement was approved by the court in 2024 and has enabled her partner to purchase a property for the family along with providing for their future.
You can find further information regarding our expertise, experience and team on our Clinical Negligence pages.
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