§ PUBLISHED JUDGMENT · 2017

Macaulay v Karim & Anor

[2017] EWHC 1795 (QB)·High Court (Queen's Bench Division)·14 July 2017

A 53-year-old diabetic attended A&E with fever, rectal pain and urinary difficulty; a possible abscess was noted but he left before blood results and was not properly investigated. He returned two days later in septic shock and lost his lower leg, toes and fingers; the court found that proper care at the first attendance would have avoided the amputations.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Sepsis Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Croydon Health Services NHS Trust (liability established); Dr Abdul Karim (GP, claim failed) · this trust’s claims data

Injury: Septic shock from a perianal infection in a diabetic man, requiring below-knee amputation and loss of toes and fingers

Specialty: Emergency medicine / sepsis · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows that I find liability established against D2 on the basis that had C received proper care and attention at the Mayday Hospital on 13 October, he would not have suffered the amputations that were necessary following his surgery.”

The money

Liability and causation established against the Trust only; damages not assessed in this judgment.

§ WHY IT MATTERS

What this case shows.

Diabetic patients with fever and localised pain need prompt investigation for a source of infection. A&E is responsible for ensuring a possibly septic patient is not allowed to leave without a plan.

About sepsis negligence claims →

§ MORE SEPSIS NEGLIGENCE JUDGMENTS

Claimant succeeded

Gbolahan O Somoye v North West Anglia NHS Foundation Trust

[2023] EWHC 191 (KB)·2023·Liability decided at trial

Dr Somoye died of abdominal sepsis and multi-organ failure a week after a myomectomy; the trust's own root cause analysis found failures to act on signs of infection and to follow the sepsis pathway, and it admitted liability before proceedings. The court refused to let the trust withdraw that admission and entered judgment for her husband, with damages to be assessed.

A pre-action admission of liability is binding unless the court permits withdrawal, and later-obtained expert evidence will not usually justify that. Failing to follow a hospital sepsis pathway is a recognised basis for a claim.

Claimant succeeded

Davies v Frimley Health NHS Foundation Trust

[2021] EWHC 169 (QB)·2021·Liability decided at trial

Mrs Davies was admitted to Wexham Park Hospital with pneumococcal meningitis; the trust admitted intravenous antibiotics should have started by 10.40 but were not given until 13.20, and she died two days later. After a causation trial the judge found she would probably have survived with timely antibiotics.

In sepsis and meningitis claims a delay of even a few hours in giving IV antibiotics can be negligent, and the key dispute is often whether the delay changed the outcome. Here the family succeeded, with damages already agreed.

Claimant succeeded

SC v University Hospital Southampton NHS Foundation Trust

[2020] EWHC 1610 (QB)·2020·Liability decided at trial

A GP suspected meningitis in a floppy, feverish toddler, gave penicillin and sent her by ambulance, but hospital doctors diagnosed viral tonsillitis and sent her home. Johnson J found the paediatricians should have recognised that the antibiotic could be masking sepsis and given IV antibiotics, which would have prevented her brain injury.

Hospital doctors must take a referring GP's findings seriously, especially where treatment already given may hide the true picture. A child sent in with suspected meningitis should not be discharged on reassurance alone.

All sepsis negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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