Sepsis negligence claims seek compensation for the impact on your life of negligence by medical professionals when you contract sepsis.

Contracting sepsis can be devastating. You can be seriously ill, suffer permanent damage to limbs and organs, and some people die from sepsis. To discover there was medical negligence with your sepsis treatment only adds to your suffering.

Making a sepsis medical negligence claim* can be a big help in getting your life back together.

O’Brien & Company Solicitors in Dublin can make your sepsis medical negligence compensation claim.

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Table of Content

What is sepsis?

Sepsis is when the immune system turns on the body. The infection you have triggers your immune system to overreact, shutting down the body in an effort to protect it from attack.

You could get an infection from a virus, bacteria, a parasite, or fungi, but your body may respond by shutting down and putting your life at risk.

Causes of sepsis can be:

  • Kidney infection
  • Lung infection
  • Pneumonia
  • An infection during pregnancy
  • An untreated cut or scrape
  • An infection contracted while in hospital, such as MRSA

According to the National Sepsis Report from the HSE, there were over 12,200 cases of sepsis in Irish hospitals during 2024. The total includes adult and non-maternity cases at 11,379, with a mortality rate of 21.8% of patients. The average length of stay in hospital for sepsis patients stands at 22.9 days, up 3.3% on previous studies. 

The common symptoms and warning signs of sepsis:

  • High temperature
  • Vomiting
  • Headache
  • Unusual behaviour
  • Low temperature
  • Chills
  • Breathing difficulties

Early diagnosis of sepsis is critical to start the patient on the right antibiotics and provide appropriate hospital care.

If you had symptoms of sepsis that went undiagnosed or were incorrectly treated, you may have suffered sepsis negligence.

O’Brien & Company medical negligence solicitors in Dublin can work with you to form a sepsis negligence compensation claim.

What is medical negligence in sepsis cases?

Medical negligence in sepsis cases is when the medical professional treating you fails to spot the symptoms of sepsis or does not treat you correctly when you are diagnosed with sepsis.

To prove medical negligence in sepsis, you must show:

  • The medical professional had a duty of care to you, i.e. a GP, when you are ill
  • There was a breach of the duty of care, i.e. a GP failed to spot signs of sepsis
  • The breach of duty of care caused you harm, i.e. you developed sepsis
  • You suffered losses due to the negligence, i.e. loss of income or severe pain

Medical negligence can start with a GP or hospital doctor failing to diagnose sepsis. The negligence can continue with delayed treatment or incorrect treatment, resulting in substandard hospital care and death in some cases.

You could suffer medical negligence at any stage of your case of sepsis. If the doctor had correctly diagnosed the infection and treated you, sepsis may not have set in, saving you all the suffering.

O’Brien & Company Solicitors in Dublin can outline how medical negligence happened in your sepsis claim.

Common sepsis negligence claims in Ireland

The common sepsis negligence claims for compensation in Ireland range from the missed diagnosis of sepsis to the failure to treat sepsis with the right antibiotics.

Sepsis can cause severe illness, organ damage and death and a medical negligence claim* can get compensation for the impacts on your life.

Types of sepsis negligence claims:

A missed diagnosis of sepsis in A&E is common in HSE hospitals, but should not occur if doctors and nurses follow the HSE sepsis protocol.

Medical staff in the A&E should be on alert for sepsis and not dismiss the concerns of patients and parents with sick children.

Keeping ill patients waiting or failing to perform standard sepsis checks can lead to sepsis negligence in A&E.

Any failure by the GP to refer a patient to hospital if showing signs of sepsis can delay an accurate diagnosis and the beginning of a correct course of treatment.

Claims for GP sepsis negligence can be:

  • Failure by the GP to examine the patient who is ill
  • Failure by the GP to prescribe a correct course of antibiotics
  • Failure by the GP to send the patient to hospital

O’Brien & Company Solicitors will look at the details of your case and work with you to form a GP sepsis negligence claim.

The delayed administration of antibiotics when sepsis is diagnosed can occur in A&E or even when admitted to the ward.

A sepsis negligence claim can be for:

  • Delayed course of antibiotics due to the busy A&E
  • Doctor forgets to prescribe the antibiotics after a diagnosis
  • Doctor prescribes an incorrect antibiotic or too low a dose of one

Sepsis treatment is all about acting quickly, and if there are delays in treatment, it could be medical negligence.

Any post-surgical infection mismanagement leading to sepsis could be clear medical negligence, as HSE guidelines are strict on how potential infections should be treated after surgery.

Cases of surgical negligence leading to sepsis can be due to not administering the antibiotic post-surgery or infection due to leaving a swab or surgical tool inside the body.

Sepsis during maternity claims are not unusual and can be for sepsis negligence in the treatment of the mother or, in some cases, for negligence with the treatment of a newborn.

Sepsis during maternity can be:

  • Failure to administer an antibiotic to the ill baby
  • Failure to administer an antibiotic to the mother showing signs of sepsis
  • Failure to administer an antibiotic to the mother post a Caesarean Section

Sepsis negligence can cost lives, cause long-term injury to those infected who recover, and the financial costs could be significant for life.

O’Brien & Company Solicitors in Dublin will work with you to form a valid sepsis medical negligence compensation claim.

Compensation for sepsis negligence in Ireland

Compensation for sepsis negligence in Ireland could see you receiving money to cover your costs and losses. You get compensation for the pain and other effects on your life of an incorrect diagnosis of sepsis or for not beginning treatment as soon as possible.

When a medical professional breaches their duty of care to you, they may put your life in danger. In many cases, the effects could last for life, such as when you suffer internal organ damage or lose a limb.

Medical negligence compensation differs from claim to claim. You could be incapacitated for life and need full-time care due to the medical negligence, or you may be out of work and lose income to your home. 

There is not one fixed amount of compensation for medical negligence, and you seek compensation for your losses, known as damages, in a medical negligence claim*.

A compensation claim for medical negligence is a combination of two types of damages. 

What are the two types of damages in a sepsis negligence claim?

The two types of damages in a sepsis negligence claim cover the immediate effects on your life and the impact on your future life. 

You claim damages for the pain and suffering, as well as the damages of loss of income and the need to make adaptations to the home and car, and other changes to your life.

The damages in a sepsis negligence claim in Ireland are:

General damages in a sepsis negligence claim are compensation for the Loss of Amenity in your life. The loss of amenity can result from severe pain, the loss of a limb, or being very ill due to not receiving the correct medical treatment.

A loss of amenity can be seen in a difficulty walking, exercising, or getting to work. 

You can also claim for the Pain and Suffering experienced due to a breach of the duty of care to you when being treated by a medical professional.

The special damages in a sepsis negligence claim cover the extra costs in your life due to the effects of the medical negligence by a paramedic, GP, A&E doctor or hospital consultant. 

Special damages in a sepsis negligence claim are:

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Further treatment costs
  • Cost of aids and equipment 

A medical negligence claim* in Ireland seeks compensation for two types of damages arising from a medical professional’s breach of duty of care.

O’Brien & Company Solicitors will be by your side throughout the process and can advise you on what money to expect and when to settle or continue the fight.

What is the time limit for making a sepsis claim in Ireland?

The time limit for making a sepsis claim in Ireland is two years. Having two years may seem plenty of time, but you should always get started on the claim as soon as possible, when the evidence is clear, and you can form the claim properly.

In Irish medical negligence law, you have the Date of Knowledge clause when you suffer due to negligence by a medical professional. The Date of Knowledge means the two-year limitation period runs from the day the negligence is diagnosed, not from the date it occurred.

Children under 18 have until they turn 18 to make a claim for sepsis negligence. Parents and guardians can make a claim on their behalf before the young adult turns 18, but if none is made, the young adult has until they turn 20 to make the claim.

O’Brien & Company medical negligence solicitors in Dublin can explain the claims process to you.

Make a sepsis negligence claim today

Make a sepsis negligence claim today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in medical negligence and can fight the sepsis negligence claim until you get the compensation you deserve. 

O’Brien & Company Solicitors has an experienced legal team to handle your compensation claim and will be with you at every step of the process.

Contact O’Brien & Company medical negligence solicitors in Dublin to make your sepsis negligence claim today.

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Frequently Asked Questions about Sepsis Claims in Ireland

A sepsis negligence can take just a few months, but more than likely, and this is the norm with many medical negligence claims*, it will take at least 18 months and probably longer.

The HSE will want to investigate the circumstances of the sepsis negligence, which will delay the claim.

In most claims, the HSE will dispute the claims and fight the medical negligence claim* from day one.

You do not need a solicitor to make a medical negligence claim*, but the right solicitor will make the compensation claim process a lot easier for you.

The right medical negligence solicitor will know how to make the claim. They will know what evidence you need and how to present it.

A good medical negligence solicitor will also know what questions to ask you when getting an idea of your losses due to medical negligence.

No, you do not have to go to court with a sepsis negligence claim in Ireland. There are cases when the claim goes to court, but O’Brien & Company Solicitors will be there for you.

The negligent party, usually the HSE, hopes you will back down and be intimidated by going to court, but we find that a medical negligence claim* is usually settled in the days before the court case, or even on the steps of the court on the morning of the claim. 

Yes, you can claim sepsis negligence on behalf of a family member. In many cases of sepsis, the patient may be so ill that they are unable to make a claim.

Unfortunately, patients pass away due to sepsis negligence, but the family and loved ones left behind can still make a claim for medical negligence.

Dependents who can claim for sepsis negligence:

  • The husband or wife of the victim 
  • The parents of the injured party
  • Grandparents of the injured person
  • Children of the injured person
  • Adult dependents 
  • Family members who rely on the victim for care and financial support
  • A sister or brother 
  • A half-brother or half-sister of the injured person

O’Brien & Company Solicitors can explain who can make a medical negligence claim* in Ireland.

Yes, you can make a claim against the HSE for sepsis negligence. The HSE has responsibility for the care of all patients, both in the hospital and as outpatients, and for any medical negligence in your treatment.

The State Claims Agency can handle your claim for medical negligence through your solicitor.

O’Brien & Company Solicitors has the experience of working with the State Claims Agency.

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O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.