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Sepsis negligence claims – your rights and legal options

Maurice Blackburn medical negligence lawyer
30 Years experience30+ years of experience
No Win No FeeNo Win, No Fee claims
Home of hospital consultsHome or hospital consults

30+ years of experience

No Win, No Fee claims

Home or hospital consults

Sepsis is a serious condition that can cause life-threatening complications if not treated promptly. When medical professionals fail to diagnose or treat sepsis properly, the consequences can be devastating. Our team has experience handling complex sepsis malpractice and hospital negligence cases across Australia. Maurice Blackburn’s sepsis negligence lawyers are here to support those who have been affected.

Sepsis is the body’s overwhelming and life-threatening response to infection, which can lead to tissue damage, organ failure or death if not treated urgently.

It’s critical to recognise the warning signs of sepsis early. Symptoms can include:

  • Fever or low body temperature – A significant rise or drop in temperature
  • Rapid heart rate – Typically above 90 beats per minute
    Rapid breathing – More than 20 breaths per minute
  • Confusion or altered mental state – Disorientation, delirium, or difficulty focusing
  • Skin rash or discolouration – Including pale, blotchy, or blue-tinged skin
  • Clammy or sweaty skin – Often linked with a fever or elevated heart rate
  • Chills or shivering – Even while experiencing a fever
  • Fatigue or weakness – Feeling unusually tired or physically drained
  • Dizziness or lightheadedness – Often associated with low blood pressure
  • Nausea or vomiting
  • Diarrhoea
  • Reduced urine output – Urinating less than usual or not at all
  • Muscle aches or headaches
  • Extreme pain or discomfort – A sensation of feeling “very unwell”

Hospitals and healthcare professionals must act quickly when sepsis is suspected, as any delay can lead to severe complications. If a patient’s condition worsens due to misdiagnosis, failure to provide timely treatment or inadequate infection control, it may be considered medical negligence. This includes situations where a hospital-acquired infection results in sepsis.

In such cases, patients or their families may have the right to seek compensation. Consulting with medical negligence lawyers can help determine whether a claim is justified and what steps to take next.

Process for making a claim

Our specialised lawyers will assist you with your claim and make sure you know about your rights and options. We'll keep you informed throughout the whole process and provide you with legal advice that is easy to understand.

  1. 1. Get in touch

    Tell us your story, we're here to listen. Our experienced medical negligence lawyers will review your circumstances to provide you with the best advice.

  2. 2. We’ll prepare your claim

    We take care of the legal process on your behalf. You will be kept informed of all stages along the way, including what fees are payable.

  3. 3. Process payment

    If your claim in successful and damages are awarded, we'll process your payment as soon as we receive it.

What you need to know about sepsis negligence

Failure to diagnose or prevent sepsis – when does it become negligence?

Early detection and timely intervention are critical. If healthcare professionals fail to recognise the signs or neglect appropriate actions, they may be held accountable for negligence.

These are some of the most common sepsis negligence issues we assist clients with: Causation – The failure to establish a clear link between the patient’s condition and the infection.

  • Delayed diagnosis – When doctors fail to act promptly in diagnosing.
  • Inadequate treatment – Improper or insufficient treatment.
  • Failure to monitor – Sepsis requires constant monitoring of the patient’s condition. Failing to regularly assess a patient’s progress, particularly after surgery or during ICU recovery, can result in the infection going unchecked.
  • Poor communication – Miscommunication between healthcare providers, whether in diagnosing or coordinating treatment.

Hospital infection control failures and sepsis claims

Many sepsis cases originate in hospital settings where infection control measures are inadequate. Patients recovering from surgery, undergoing intensive care, or with weakened immune systems are especially vulnerable.

Negligence in hospital infection control can take many forms, including:

  • Use of contaminated medical equipment – Medical instruments or devices not properly sterilised.
  • Poor hand hygiene among staff – Healthcare workers failing to wash their hands thoroughly or use sanitising products can spread infections between patients, especially in high-risk areas like operating theatres or intensive care units.
  • Failure to properly care for post-operative wounds – Neglecting to monitor or clean surgical wounds can lead to infection, which, if left untreated, can progress to sepsis.
  • Inadequate isolation of infectious patients – Not properly isolating patients with contagious infections can result in cross-contamination and an increased risk of sepsis.

How to claim for sepsis medical negligence

A sepsis negligence compensation claim involves proving that medical professionals failed in their duty of care. In cases where negligent surgery contributed to sepsis, patients may also have grounds for a surgical negligence claim.

To prove medical negligence, key evidence must demonstrate that the care provided fell below the accepted standard. This evidence includes:

  • Medical records – Documenting the treatment history and highlighting any errors or omissions in care.
  • Test results – Showing missed diagnoses, incorrect interpretations, or failures to act on critical findings.
  • Expert opinions – Independent medical specialists can provide an expert review of the case, confirming whether the care provided was inadequate.
  • Witness statements – Statements from healthcare providers or others who can corroborate the events.
  • Photographic proof – Images that show visible damage, injuries, or physical effects resulting from the negligence. This is especially important in cases involving a hospital-acquired infection, where the source and timeline of infection need to be clearly documented.

Compensation for sepsis negligence depends on several factors, including the severity of the injury and ongoing medical needs. It may cover:

  • Medical costs – Reimbursement for past, current, and future medical expenses.
  • Lost wages – Compensation for time off work or reduced earning capacity due to the negligence.
  • Emotional suffering – Recognising the psychological impact, including anxiety, depression, and loss of quality of life.
  • Long-term care costs – In cases of severe injury, compensation may include expenses for ongoing medical care or assistance.
  • Rehabilitation expenses – Covering the costs of therapy or treatments needed to recover.

How Maurice Blackburn can help

With decades of experience advocating for patients, our team is committed to securing maximum compensation for those harmed by sepsis negligence. Contact us today to find out what your entitlements are. We’re here to help.

No Win, No Fee – What it means for you

We offer No Win, No Fee arrangements for many of our legal services. We are committed to providing you with the best legal advice and representation while keeping our fees as low as possible.

Start your sepsis negligence claim today

If a medical sepsis negligence has impacted your health, our experienced team can help.

Our expert lawyers will assess your case, explain your legal options, and guide you through the next steps to securing the compensation you deserve.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222


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30+ years of experience

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No Win, No Fee

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Home or hospital consults

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We have experts all over Australia ready to help you with your medical negligence claim.

Gabrielle Feery

Gabrielle Feery

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2820
Ric Traini

Ric Traini

Senior Associate, Medical injury, Childhood abuse

  • Adelaide, SA
  • (08) 7109 2705
Marie Eberlein

Marie Eberlein

Senior Associate, State Leader Medical Negligence, Medical injury

  • Perth, WA
  • (08) 6220 4300
Tom Ballantyne

Tom Ballantyne

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2858

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.