Sepsis and
Meningitis Claims

Sepsis is a life threatening reaction to an infection that requires urgent treatment as it causes your immune system to overreacts to an infection and starts to damage your body’s own tissues and organs.

It can be extremely difficult to identify symptoms of sepsis but you should contact 999 or seek emergency medical treatment if you suffer with any of the following:

• High body temperature or low body temperature
• Fast heartbeat/breathing
• feeling dizzy or faint/loss of consciousness
• A change in mental state, for example, confusion or disorientation
• Diarrhoea/nausea and vomiting
• Slurred speech
• Severe muscle pain
• Breathlessness
• Reduced urine production
• Blue fingers or lips
• Cold, clammy and pale or mottled skin.

When you arrive at the hospital, you should be placed on the ‘sepsis pathway’. Ultimately, receiving a broad spectrum of IV antibiotic medication within one hour of your arrival at the emergency department. Following which, further investigations and observations should take place including temperature, heart rate, blood pressure, confusion/cognitive state and oxygen saturation.

If sepsis is not identified and treated early, it can turn into septic shock and cause organ failure which is life threatening and in the worst case, can cause death.

Meningitis is another life threatening condition that causes blood poisoning due to acute inflammation in the protective membranes of the brain and spinal cord, resulting in permanent damage to the nerves or brain. It can be extremely serious if not identified and treated quickly.

This condition is more common in babies, children, teenagers and young adults but can affect anyone. Symptoms of meningitis develop suddenly and can include:

• A high temperature (fever)
• Being sick
• A headache
• A rash that does not fade when a glass is rolled over it (but a rash will not always develop)
• a stiff neck
• A dislike of bright lights
• Drowsiness or unresponsiveness
• Seizures/fits

Like sepsis, if meningitis is suspected patients are usually administered with IV antibiotics in the first instance to prevent further deterioration. Further investigations are then carried out such as physical examinations, blood tests, lumbar punctures and CT scan to identify any cranial swelling.

Depending upon whether the meningitis is found to be bacterial or viral, antibiotic medication will be stopped if the cause is a virus.

Forth both conditions, you are likely to require a lengthy hospital admission for specialist treatment before being discharged.

If you believe that you have been incorrectly treated or received delayed treatment for sepsis or meningitis that has left you or a loved one in a debilitating condition, you may be eligible to make a medical misdiagnosis claim. Our medical negligence specialists will be able to assess your individual case.

The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed away. In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors. The limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updated on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

• General damages – This is an award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – An award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.