Claimant succeeded
[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
[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
[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.
Claimant succeeded
[2017] EWHC 1795 (QB)·2017·Liability decided at trial
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.
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.
Claimant succeeded
[2016] UKPC 4·2016·Appeal decision
A patient with appendicitis waited hours for a CT scan and surgery; by the time his appendix was removed it had ruptured and sepsis had damaged his heart and lungs. The Privy Council held the hospital was liable because its delay materially contributed to the injury, even though some harm would have occurred anyway.
Where negligent delay makes an existing condition worse in a cumulative way, a claimant need not prove the whole injury would have been avoided, only that the delay made a more-than-negligible contribution. This is often relied on in sepsis and delayed-treatment claims.