Medical Negligence ClaimFree Claim Check

Sepsis negligence

Sepsis Negligence Claims: When Failure to Recognise or Treat Sepsis Is Negligence

Sepsis is a life-threatening emergency. When the Sepsis Six is not followed despite clear clinical indicators, the consequences can be catastrophic. When delay or failure to treat causes harm that prompt treatment would have prevented, a claim may be available.

Reviewed by Independent editorial panelLast reviewed April 2026 · Next review October 2026

What is sepsis?

Short answer

Sepsis is the body's life-threatening response to infection: widespread inflammation that damages the body's own tissues and organs. It can develop from any infection — pneumonia, urinary, abdominal, skin, or post-surgical — and progress to septic shock and multi-organ failure within hours.

The NHS Sepsis Six is a bundle of six immediate clinical interventions introduced to improve sepsis outcomes. When all six are delivered within one hour of sepsis being suspected, survival rates improve significantly. The protocol is:

  1. Administer high-flow oxygen
  2. Take blood cultures
  3. Administer intravenous antibiotics
  4. Start intravenous fluid resuscitation
  5. Check lactate and full blood count
  6. Measure hourly urine output

Failure to recognise sepsis and initiate this treatment promptly is a common basis for clinical negligence claims.

When is failure to recognise sepsis negligent?

Not every case where sepsis develops and causes harm is negligence. The question is whether a reasonably competent clinician in that setting — GP, A&E doctor, nurse, or ward doctor — would have identified sepsis and acted on it earlier.

Factors that make a claim more likely to succeed include:

  • The patient's observations (heart rate, respiratory rate, blood pressure, temperature) met the clinical criteria for suspected sepsis
  • The Sepsis Six protocol was not initiated despite meeting the criteria
  • Blood cultures or lactate were not taken in a timely manner
  • Antibiotics were not given within the first hour after sepsis was suspected
  • Red flag symptoms (confusion, mottled skin, systolic blood pressure below 90) were not acted upon
  • The patient was in a high-risk group (post-operative, immunocompromised, elderly, very young) and this was not factored into the assessment

Common scenarios in sepsis negligence claims

Sepsis missed in A&E

A patient arrives with signs of infection and abnormal observations. Sepsis is not considered; the patient is treated for the underlying infection alone and discharged. They deteriorate at home and return hours or days later in septic shock.

Post-operative sepsis not recognised

A patient develops a post-operative wound infection that progresses to sepsis. Warning signs are charted but not escalated. Treatment is delayed until the patient is critically ill.

Sepsis missed in primary care

A GP sees a patient with symptoms of infection and abnormal observations. Sepsis is not considered; the patient is prescribed oral antibiotics and sent home. They deteriorate rapidly.

Neonatal sepsis

Newborns and very young infants are at high risk of sepsis. Warning signs in neonates can be subtle — poor feeding, temperature instability, mottled appearance. Delayed recognition and treatment of neonatal sepsis can cause brain damage and death.

Maternity sepsis

Maternal sepsis — particularly Group A streptococcal sepsis — can develop rapidly in the post-partum period. Failure to recognise and treat sepsis in a postnatal woman has been the subject of multiple high-profile NHS inquiries and negligence claims.

What do you need to prove?

  1. Duty of care — the clinician owed a duty to assess and treat you competently.
  2. Breach of duty — the failure to recognise and treat sepsis fell below the standard of a reasonably competent clinician in that setting. An independent expert — usually an intensivist, emergency medicine specialist, or microbiologist — will assess this by reference to the clinical records and the Sepsis Six criteria.
  3. Causation — the failure to treat sepsis promptly caused harm that would not have occurred (or would have been less severe) with earlier treatment.
  4. Damage — physical harm, permanent injury, or death resulted.

What harm can result from negligently missed or delayed sepsis?

  • Septic shock — a life-threatening drop in blood pressure
  • Multi-organ failure — affecting kidneys, liver, lungs, heart, and brain
  • Amputation of limbs (due to ischaemia caused by septic shock)
  • Brain damage
  • Death

Claims for sepsis negligence that resulted in serious harm or death can involve substantial compensation for permanent disability, care costs, lost earnings, and (in fatal cases) financial dependency.

How much compensation can you claim?

  • Amputation of one or more limbs: between £100,000 and £400,000+ in general damages, plus future care and prosthetics
  • Serious organ damage: significant general damages, plus future treatment and care costs
  • Brain injury: general damages from £52,000 to over £400,000 depending on severity, plus future care
  • Death: Fatal Accidents Act dependency claim, estate claim, bereavement award (£15,120)

What is the time limit?

Three years from the date of the sepsis treatment failure, or from the date of knowledge. For deaths, three years from the date of death or date of knowledge. Children have until age 21.

How is a sepsis negligence claim funded?

Most sepsis negligence claims are funded on a Conditional Fee Agreement — no win no fee. You pay nothing upfront and nothing if the claim fails. Success fees are capped at 25% of past losses and general damages; future losses are fully protected.

Frequently asked questions

Can I claim if sepsis was not diagnosed in time?

Yes, if a reasonably competent clinician in that setting would have recognised and treated sepsis earlier, and the delay caused harm. The Sepsis Six protocol provides a clinical benchmark. If the criteria for suspected sepsis were met and the protocol was not followed, breach of duty may be established.

Can a family member claim if someone died from delayed sepsis treatment?

Yes. Claims under the Fatal Accidents Act 1976 for financial dependency and under the Law Reform Act 1934 for estate losses can be brought by eligible family members. The time limit is three years from the date of death or date of knowledge.

Can I claim if I survived sepsis but lost a limb?

Yes. Surviving sepsis does not prevent a claim. If the delay in diagnosis caused harm that prompt treatment would have prevented — including limb loss, organ damage, or prolonged critical care — compensation for that harm may be claimed.

What if sepsis developed as a complication of another treatment?

If the sepsis itself was caused by negligent treatment (for example, a post-operative wound infection caused by inadequate sterility), the claim covers both the original failure and the resulting sepsis.

Related guides

Sources & further reading

Primary statute, case law and regulator guidance referenced in this article.

  1. NICE NG51 — Sepsis: recognition, diagnosis and early management — NICE
  2. UK Sepsis Trust — Sepsis Six clinical tools — UK Sepsis Trust
  3. Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 — Case law
  4. Bolitho v City and Hackney Health Authority [1997] UKHL 46 — Case law
  5. Fatal Accidents Act 1976 — UK Legislation
  6. Limitation Act 1980 — UK Legislation
Start your free claim check →