Delayed Sepsis Diagnosis: When Could It Be Clinical Negligence?

Delayed Sepsis Diagnosis: When Could It Be Clinical Negligence?

Delayed sepsis diagnosis can have significant consequences.

Annual World Sepsis Awareness Day takes place on 13 September 2026. Set up by the Global Sepsis Alliance, it aims to raise awareness of sepsis and the importance of recognising and treating it promptly.

Sepsis is the body’s extreme response to an infection. It can develop quickly and, without urgent treatment, can cause serious organ damage, organ failure and death. People who survive sepsis may also experience lasting physical and psychological effects.

For people who develop sepsis, early diagnosis and treatment can therefore be crucial.

The consequences of delayed sepsis diagnosis

A delay in recognising and treating sepsis can have serious consequences. One of our clients experienced significant and lasting harm after their condition was not diagnosed promptly.

They attended hospital by ambulance with abdominal pain. Paramedics had considered cholecystitis as a possible diagnosis. However, when they arrived at hospital, they were not physically examined and no scans were performed. They were discharged with a diagnosis of gastroenteritis.

Three days later, their condition had deteriorated. They became delirious and were rushed back to hospital with sepsis and multi-organ failure.

They required several operations and were left with permanent damage to their hands and feet as a result of the sepsis and multi organ failure. They have been unable to return to work or drive, experience significant fatigue and rely on their spouse for daily care and support. They have also experienced a significant psychological impact.

Why can sepsis be missed or misdiagnosed?

Sepsis can be difficult to recognise because its early symptoms can be similar to those of other illnesses. A person may have a fever, feel unusually tired or confused, experience breathing difficulties or have a fast heart rate. These symptoms can have many possible causes.

This means healthcare professionals need to consider sepsis where appropriate, particularly when someone is showing signs of infection or becoming increasingly unwell.

Sepsis can also develop quickly. Someone who initially appears relatively well can deteriorate quickly, so changes in their condition need to be recognised and acted upon promptly.

When could a delayed sepsis diagnosis be clinical negligence?

Not every missed or delayed diagnosis of sepsis will amount to clinical negligence. However, healthcare professionals should take appropriate steps to assess a patient’s symptoms, investigate possible causes and respond to signs of deterioration.

If a failure to recognise, investigate or treat sepsis results in an avoidable delay and causes additional harm, there may be grounds for a clinical negligence claim.

If you or someone close to you has suffered harm following a delayed diagnosis or treatment of sepsis, our clinical negligence experts can advise you about your options – Call or Email us today.

Gemma is an experienced specialist medical negligence Solicitor with extensive experience across all types of clinical negligence claims – from lower-value fatal cases to high-value cerebral palsy claims, including one that settled for over £23 million. Read more about our specialist, Gemma Osgood
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