Sepsis claims and ‘Martha’s Rule’

Sepsis is a leading cause of death in the UK and many of those who survive are left with life-changing injuries.

Unfortunately, sepsis is a condition susceptible to misdiagnosis because many symptoms are similar to less serious conditions such as flu or chest infections. Sepsis also progresses rapidly, and this combination of features means that avoidable deaths and injuries do occur. NHS Resolution reports that sepsis is among the three most common cases brought against the NHS. Claims relating to sepsis are often because of failings in diagnosis or treatment. However, with a swift diagnosis, sepsis is usually highly treatable. Recognising and acting on symptoms is key.

What is sepsis

Sepsis is the immune system’s overreaction to infection, causing inflammation throughout the body. This can lead to tissue damage and organ failure due to reduced blood flow.  Without timely treatment, sepsis can turn into septic shock, which is life-threatening.

Any infection, whether bacterial, viral, or fungal, can lead to sepsis.  The most common causes include lung infections (e.g., pneumonia), urinary tract infections, and abdominal infections.

Sepsis is different to septicaemia (also known as blood poisoning).  Septicaemia is where an infection enters the bloodstream which can lead to sepsis.

Symptoms

Early symptoms can include a high or low body temperature as well as chills and shivering. Sufferers may become extremely unwell with a fast heartbeat, difficulty breathing, feeling dizzy or faint, confused or disorientated and have severe muscle pain. There may be slurred speech, cold, clammy pale or mottled skin, or a rash that does not go away when a glass is rolled over it. Sepsis can develop from an infection which enters through a wound. Having a cut that hurts a lot and is red or swollen can be a sign of the illness. Advice on how to spot sepsis in adults and children is detailed on the website of the UK Sepsis Trust.

What should happen at the hospital?

In hospital, sepsis should be diagnosed using the National Early Warning Signs (NEWS) parameters which measure: respiratory rate, oxygen saturation, systolic blood pressure, pulse rate, level of consciousness and temperature.

A patient should receive antibiotics within one hour of arriving at the hospital. Other treatments may be required. Sepsis can lead to the need for amputations to remove infected areas of tissue or limbs.

If there are failures in the treatment of sepsis leading to death or injury, such as lost limbs, or post-traumatic stress disorder (which is not uncommon after time spent in an intensive care unit) then there may be a claim for clinical negligence.  These cases are often very complex and independent expert evidence is required to show what steps should have been taken. This can include evidence from microbiologists as to what antibiotics were needed and what difference these being given at an early stage would have made. Instructing a specialist solicitor with the experience to appreciate all the issues involved is important.

Fighting for change

The family of a young girl, Martha, who died following failures to identify and treat sepsis, along with the thinktank Demos, are calling for patients, who believe that their concerns are not being taken seriously, to be given the right to seek an urgent second opinion – ‘Martha’s rule’.  Health Secretary Steve Barclay has reportedly stated that he will explore this. Martha’s rule would be similar to an Australian three-step process known as ‘Ryan’s rule’ which allows patients or their families to raise concerns if their condition is getting worse or not improving as expected.

At Kingsley Napley, through our work, we understand acutely the importance of patients and their families being listened to and fully support having the right to a second opinion.

Kingsley Napley has recently joined the legal panel of charity the UK Sepsis Trust which is passionate about raising awareness of the symptoms of sepsis and helping victims of the illness. At Kingsley Napley, through our work as medical negligence solicitors, we advocate for those who have suffered harm and as a result of poor treatment of the condition. Our team of sensitive solicitors are very experienced in bringing legal cases for delays and errors in the diagnosis and treatment of sepsis. There is more information on our sepsis page.

If you are concerned about the treatment that you or a family member has received, please contact our specialist team for a no-obligation, free discussion.

Further Information

If you have any questions or concerns about the issues raised in this blog, please contact Eurydice Cote or any member of our Medical Negligence and Personal Injury team.

About the Author

Eurydice Cote is a Senior Associate in the Medical Negligence Team. She represents individuals who have sustained life-changing injuries and regularly secures high-value settlements for her clients.