Contact our team to discuss your case. Our solicitors will advise you on the merits of your delayed sepsis diagnosis claim, the limitation period that applies, and the steps involved in pursuing a medical negligence action in Ireland.
For a broader overview of delayed diagnosis claims in Ireland across other conditions, see our Delayed Diagnosis Claim Ireland page.
What is sepsis and why does timely diagnosis matter?
Sepsis, sometimes described as blood poisoning, is the body’s extreme reaction to an infection.
It occurs when an infection already present in the body triggers an immune response so severe that it begins to damage the body’s own tissues and organs.
Without prompt treatment, sepsis can progress to septic shock, multi-organ failure, and death.
The HSE’s National Clinical Programme for Sepsis identifies the following as signs that should prompt immediate sepsis assessment in a clinical setting.
- New confusion, disorientation, or altered mental state
- Rapid breathing (more than 22 breaths per minute)
- Low blood pressure or signs of circulatory failure
- Fever (temperature above 38.3 degrees Celsius) or hypothermia (below 36 degrees Celsius)
- Rapid heart rate (above 90 beats per minute)
- Signs of organ dysfunction, including reduced urine output
The HSE’s Sepsis six bundle, which includes immediate administration of high-flow oxygen, blood cultures, intravenous antibiotics, and fluid resuscitation, is the standard clinical response to suspected sepsis in Ireland.
A failure to initiate the Sepsis Six in a timely manner where sepsis is, or ought to be, suspected may constitute a departure from the expected standard of care.
When does a delayed sepsis diagnosis give rise to a claim?
A medical negligence claim for delayed sepsis diagnosis may arise in any of the following circumstances
Failure to recognise sepsis in an emergency department
Emergency departments are required to triage and assess patients promptly.
Where a patient presents with symptoms consistent with sepsis and the treating clinician fails to consider or investigate a sepsis diagnosis, resulting in a significant delay in treatment, a delayed sepsis diagnosis claim may arise.
The consequences of delay in sepsis cases can be severe: each hour without antibiotics is associated with a statistically significant increase in mortality risk according to international sepsis management guidelines adopted by the HSE.
Failure by a GP to identify sepsis and refer
A GP who fails to recognise that a patient presenting with infection and systemic signs of deterioration may have sepsis, and who does not refer the patient for emergency hospital assessment, may have breached the duty of care owed to that patient.
This is particularly relevant where a patient returned to their GP on more than one occasion with worsening symptoms that were not recognised as indicating a serious systemic infection.
Post-surgical or post-procedural sepsis
Sepsis can develop following surgery or other medical procedures.
Hospital wards and surgical teams are required to monitor post-operative patients for signs of infection and deterioration.
Where nursing staff or medical staff fail to escalate a patient’s deteriorating condition in a timely manner, and sepsis is not identified or treated promptly, a delayed sepsis diagnosis claim may arise against the treating hospital.
Maternity-related sepsis
Sepsis in the maternity setting, sometimes called maternal sepsis or Group B Streptococcal sepsis in newborns, carries specific risks for mothers and babies.
Failure to recognise and treat maternal sepsis promptly, or failure to diagnose sepsis in a newborn following delivery, can have catastrophic consequences.
Coleman Legal LLP has experience in maternity-related negligence claims, including a delayed sepsis diagnosis claim.
Time limits for a delayed sepsis diagnosis claim
Under the Statute of Limitations (Amendment) Act 1991, the time limit for a delayed sepsis diagnosis claim is two years from the date of knowledge.
In sepsis cases, the date of knowledge is typically the date on which the claimant became aware, or ought reasonably to have become aware, that the delayed diagnosis caused the harm suffered.
In fatal sepsis cases where a family member has died, the Personal Representative of the estate may bring a claim under the Civil Liability Act 1961 within two years of the date of death.
A separate claim for mental distress may be brought by qualifying dependants under the same Act.
Seek legal advice as early as possible. Delay can affect the availability of evidence, including nursing and clinical records, and can jeopardise your ability to pursue a delayed sepsis diagnosis claim.
Was sepsis missed or diagnosed too late?
If you or a family member suffered serious harm because sepsis was not recognised or treated promptly, our team can assess your circumstances and advise whether you have a medical negligence claim.
We represent clients throughout the Republic of Ireland.
Frequently Asked Questions
What is a delayed sepsis diagnosis claim in Ireland?
In Ireland, a delayed sepsis diagnosis claim is a medical negligence claim arising from a healthcare provider’s failure to identify and treat sepsis within a timeframe that a competent practitioner would have achieved.
The HSE’s National Clinical Programme for Sepsis establishes national guidelines for the identification and management of sepsis in Irish hospitals and clinical settings.
Where a clinician or healthcare facility failed to follow those guidelines or failed to recognise the signs of sepsis, and that failure caused serious harm or death, a delayed sepsis diagnosis claim may arise under the Civil Liability Act 1961.
How do I know if my family member’s sepsis was not diagnosed in time?
In Ireland, whether a sepsis diagnosis was unreasonably delayed is assessed by reference to what a competent medical practitioner in the same clinical setting would have done when presented with the same patient and symptoms.
This is established through independent expert evidence from consultants in emergency medicine, intensive care, microbiology, or the relevant speciality.
If your family member presented to a hospital or GP with symptoms consistent with sepsis and those symptoms were not investigated promptly, or if deterioration was not escalated in a timely manner, this may indicate a departure from the expected standard of care. Coleman Legal LLP can review the circumstances of your case.
Can I bring a claim if a family member died from sepsis that was not diagnosed in time?
In Ireland, a claim may be brought on behalf of a person who has died from sepsis that was not diagnosed or treated promptly.
Under the Civil Liability Act 1961, the Personal Representative of the estate may bring a claim within two years of the date of death for the losses suffered by the estate.
Qualifying dependants, such as a surviving spouse or children, may bring a separate claim for mental distress.
Coleman Legal LLP has experience representing bereaved families in fatal medical negligence cases, including those involving delayed sepsis diagnosis.
What time limits apply to a sepsis negligence claim in Ireland?
Under the Statute of Limitations (Amendment) Act 1991, the general time limit for a medical negligence claim in Ireland is two years from the date of knowledge:
the date on which the claimant became aware, or ought reasonably to have become aware, that the delayed diagnosis caused the harm suffered.
In fatal sepsis cases, proceedings must generally be issued within two years of the date of death. These time limits are strictly applied, and you should seek legal advice as soon as possible.
What compensation is available for delayed sepsis diagnosis in Ireland?
Compensation in a delayed sepsis diagnosis claim in Ireland may include general damages for pain, suffering, and loss of amenity; special damages for financial losses, including loss of earnings and medical expenses; compensation for long-term disability or care needs arising from organ damage; and, in fatal cases, damages for mental distress payable to qualifying dependants under the Civil Liability Act 1961.
Compensation for a delayed sepsis diagnosis claim is assessed on a case-by-case basis, with reference to the extent of the harm, the difference in outcome caused by the delay, and the evidence of independent medical experts.
Is a claim against a public hospital handled differently from a claim against a private hospital?
In Ireland, claims against public hospitals and HSE services are handled by the State Claims Agency under the Clinical Indemnity Scheme.
Claims against private hospitals and private medical practitioners are pursued against their professional indemnity insurers.
The legal process for establishing negligence and causation is the same in both cases, though the defendant’s identity and legal representation will differ.
Coleman Legal LLP has experience acting against both public and private healthcare providers in delayed sepsis cases.
