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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Sepsis Negligence Claims

England & WalesLast reviewed 18 September 2026

Sepsis is a life-threatening reaction to infection where early recognition and antibiotics improve survival. A negligence claim needs proof that clinicians missed or delayed recognising or treating it when a competent clinician would not have, and that the delay caused harm.

What Good Care Looks Like

Direct Answer: NICE guideline NG51 requires risk stratification of anyone with suspected infection and urgent senior review and treatment, including prompt antibiotics, for those at high risk.

Hospitals use early-warning scores to spot deterioration, and staff are expected to act on them by escalating to a senior clinician. Claims often examine whether observations were taken and recorded on time, whether the score was acted upon, and how long it took to give antibiotics and fluids after sepsis was suspected.

Proving Harm

The claim must show the delay made a difference: for example that timely antibiotics would probably have prevented organ failure, amputation of limbs or death. Intensive care and infection experts give evidence on the trajectory of the illness and the point at which treatment should have begun.

Sepsis can leave survivors with amputations, kidney damage, cognitive problems and post-traumatic stress, and these are compensable where caused by negligence.

Claims After a Death

Where a patient has died, the estate can bring their claim and certain dependants may claim under the Fatal Accidents Act 1976. An inquest, and the hospital's serious incident investigation, may produce evidence, and the coroner can issue a report to prevent future deaths.

Frequently Asked Questions

What is sepsis negligence?

Failing to recognise, escalate or treat sepsis in the way a competent clinician would, such as missing warning signs, not escalating a high early-warning score or delaying antibiotics, so that you were harmed.

How quickly should sepsis be treated?

Speed is critical. NICE NG51 sets time-critical standards, including early antibiotics for high-risk patients. Experts compare what happened in your case with those standards.

Can I claim if a relative died of sepsis?

Potentially. The estate can claim and dependants may bring a claim under the Fatal Accidents Act 1976 if negligent care caused or contributed to the death.

What injuries can sepsis leave?

Amputations, organ damage, cognitive problems, fatigue and post-traumatic stress. These are compensable where negligent delay caused them.

How long do I have to bring a sepsis claim?

Generally three years from the date of the negligent act or, if later, your date of knowledge: when you first knew the injury was significant and connected to the care you received. The clock works differently for children, who usually have until three years after their 18th birthday, and for people who lack mental capacity. A court has a limited discretion to allow late claims, but you should not rely on it.

Can I bring a clinical negligence claim on a no win no fee basis?

Usually, if a solicitor thinks the claim has reasonable prospects, because legal aid is not generally available for clinical negligence. Expert reports are a large cost, so many claimants also take out after-the-event insurance. Ask your solicitor how disbursements are covered, and how QOCS protects you from the other side's costs if you lose.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. NICE NG51 — Suspected sepsis: recognition, diagnosis and early management

    Risk-stratification and time-critical treatment standards for suspected sepsis, including early antibiotics for high-risk patients.

  8. Gregg v Scott [2005] UKHL 2

    English law does not compensate a 'loss of chance' of a better medical outcome in a personal injury claim. A claimant must show on the balance of probabilities that proper care would have led to a better outcome.

  9. NHS Resolution

    Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.