Sepsis can be very serious with the potential to cause long term health damage or even death if it is not correctly diagnosed and treated quickly enough. If you or a loved one have been affected by sepsis negligence, you may be entitled to substantial compensation to help you deal with the personal consequences.
Dealing with the kind of serious health problems sepsis can cause is challenging for anyone. When you know that this could have been avoided if it were not for mistakes in your or your loved one’s treatment, it can be very upsetting, confusing and frustrating. It is normal to be angry and to want answers.
With over 30 years of experience representing people like you in these kinds of difficult situations, our specialist medical negligence solicitors in Rhondda Cynon Taff and Bridgend can help you get fair compensation and the answers you deserve.
Why choose Devonalds for your sepsis negligence claim?
We have strong roots in the local community, having advised and represented families throughout Rhondda Cynon Taff and Bridgend for more than three decades. Most of our team were born and bred in the Rhondda Cynon Taff area, which is reflected in our passion for working closely with our clients and getting the very best results for the families we represent.
We know how intimidating the idea of dealing with lawyers can be, but we want you to feel totally comfortable when you pick up the phone to us or visit our offices. We can offer you the dedicated support of a member of our team will handle your case from start to finish. They will be available by phone and email at all times if you have a question or need an update on the progress of your claim.
It is important to be honest about the fact that claiming compensation for sepsis can take several years. Wherever possible, our team will seek to secure an early out-of-court settlement, getting you fair compensation faster, with lower legal fees and much less stress. However, where court proceedings are needed, we will make sure you have the very best legal representation and personal support every step of the way.
Speak to us about starting a sepsis negligence claim today
For a friendly, informal discussion about whether your child may be entitled to sepsis compensation, please contact your local team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How sepsis claims work
Starting a claim for sepsis negligence
It’s likely that you have a lot of questions, including over whether you/your loved one are entitled to compensation and what the claims process involves. We offer a free initial consultation to answer your questions and give you the confidence to make the best choice about what to do next.
Following this first meet, we won’t put any pressure on you to pursue a claim with us, so you don’t need to have any concerns about being pushed to do anything you are not entirely comfortable with or that you feel isn’t right for your family.
No win, no fee sepsis negligence compensation claims
More properly known as a ‘conditional fee agreement’, a no win, no fee deal means you do not have to pay anything upfront to start a claim. Instead, you will only need to cover our fees if we win compensation for you. This means there is no financial risk to you in starting a claim.
In many cases of a successful claim, some or all of your legal costs may be met by the other side, meaning there is often no cost to you for pursuing a medical negligence claim.
Proving negligent treatment of sepsis
To secure compensation, we need to be able to show that any errors in the care you or your loved one received were caused by medical negligence. There are various types of evidence well will typically use to prove this, including:
- Medical records
- Examinations by independent medical experts
- Witness testimony
Our medical negligence solicitors have the skills and experience to effectively gather the evidence needed for a strong claim and to present this evidence the right way, giving you the best chance of securing an early settlement or achieving a positive outcome if your case goes to court.
Working out how much your claim is worth
Knowing how much compensation you or your loved one will be able to receive is, of course, critical when thinking about making a claim. Working this out is often referred to as ‘assessing quantum’ or ‘assessing quantum of damages’.
Compensation for negligent treatment of sepsis can cover issues such as:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities the victim would otherwise have enjoyed
- Providing for your/your loved one’s future financial independence
Time limits for sepsis negligence claims
The time limit to make a claim for sepsis negligence will depend on the circumstances. Typical time limits are as follows:
3 years – If you are claiming for yourself. This time limit may be counted from when the negligence occurred or when you became aware of it (depending on the circumstances).
Up to the age of 18 – If you are claiming for a child. One they turn 18, they will then be able to pursue their own claim up until their 21st birthday if required.
3 years from the date of death – If you are claiming for someone who died due to sepsis negligence.
No time limit – If you need to claim for someone without the mental capacity to pursue their own claim e.g. due to serious brain damage or learning difficulties.
If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.
Reaching an out-of-court settlement
Our team is highly skilled in negotiation and Alternative Dispute Resolution (ADR) and we will always seek to secure an out-of-court settlement where possible. This can typically get you compensation much faster, with lower legal fees and much less stress.
Taking your claim to court
Where court proceedings are required, we will make sure you and your family have all of the legal, practical and personal support you need every step of the way.
We will make sure your case is prepared effectively and that you have the best possible representation for your hearing. We will also make sure that you know exactly what is involved at every stage and the potential outcomes, helping to keep the process as clear and stress-free as we can.
Managing sepsis negligence compensation
Securing compensation for sepsis negligence is just the first step – you also need to make sure that compensation is managed effectively to meet the long-term needs of those affected.
One of the key things to consider is protecting your or your loved one’s right to means-tested benefits. Receiving a large compensation payment can potentially affect these entitlements, so it is often necessary to take action to avoid this possibility.
Placing the compensation into a personal injury trust allows you to ‘ring fence’ the funds, so the money can be used to meet your or your loved one’s needs without affecting benefits entitlements.
Common questions about sepsis negligence compensation claims
Can you sue a hospital for getting sepsis?
This will depend on whether we can show that one of the following is true:
- Your sepsis could have been avoided with proper medical care
- Your sepsis was mismanaged, leading to a worse outcome for your health
A key point to understand is that we will need to prove that the care given fell below acceptable clinical standards i.e. that any competent medical professionals would not have made the same errors under the same circumstances.
How long does it take to get compensation for sepsis negligence?
We always want to get you the full compensation you are entitled to as quickly as possible, but it is important to be honest about how long these types of claims take. Where there are substantial damages involved, it can take several years for a successful claim.
If we can agree an out-of-court settlement, the claim will usually be resolved faster and it’s important to note that it is also often possible to secure interim payments while the case is ongoing. This can allow you to secure the funds needed to meet your/your loved one’s needs while your claim is still being resolved.
How do interim payments work?
Interim payments can often be secured where the NHS trust or other healthcare provider you are seeking compensation from admits their liability, but the amount of compensation owed has not yet been agreed.
This can be very important if you or a loved one need immediate assistance with funding treatment, carers, specialist equipment or meeting basic living costs.
The aim of interim payments is to ensure someone affected by medical negligence gets the very best treatment and care exactly when they need it, so their care is not compromised by having to wait for a compensation claim to be resolved.
Do you need to go to court to get compensation for sepsis negligence?
Many compensation claims can be resolved out of court, but court proceedings may be required where the NHS trust or other healthcare provider involved refuses to accept liability or disputes the level of damages.
We will always seek to secure an out-of-court settlement wherever possible, but if court proceedings should be needed, we can make sure you have exceptional legal representation to give you the best chance of securing fair compensation for your claim.
Can you claim compensation for someone who died due to sepsis?
If a loved one has sadly passed away due to sepsis, you may be able to claim compensation on behalf of their estate and dependants. You will normally have three years to make a claim from the date of death and it will be necessary to prove that your loved one’s death would likely have been avoidable with proper medical care.
Compensation for a sepsis death can potentially cover costs such as:
- Funeral costs
- Lost earnings
- Household costs
- Medical costs
- Childcare costs
- Loss of benefits (e.g. pension rights)
- Loss of services (e.g. personal care support)
Start a sepsis negligence compensation claim
For a friendly, informal discussion about whether you or a loved one might be entitled to compensation for sepsis negligence, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.