Last Updated on May 20, 2025 by tanya

Delayed Diagnosis of Septic Arthritis

 

Red Flags and How To Claim Compensation

 

If you’ve suffered harm due to a delayed diagnosis of septic arthritis, you may be entitled to file a clinical negligence claim for compensation. Septic arthritis is a medical emergency that requires a rapid response. Therefore, any delay in diagnosis or management can lead to devastating consequences.

Septic arthritis is a painful infection in a joint. Lso known as infectious arthritis, it is usually caused by bacteria. However it may also be the result of a viral or fungal infection. Typically, the bacteria enter through the bloodstream or following trauma or surgery.

So if you have suffered harm from a delayed diagnosis in this regard, you may be entitled to make a clinical negligence claim and First Personal Injury can help.

We partner with lawyers experienced in clinical negligence and who work on a ‘No Win, No Fee’ agreement.

 

Red Flags Indicating Septic Arthritis

Recognising the signs of septic arthritis is essential for timely diagnosis and treatment. The condition can progress rapidly, affecting bone and cartilage within days. Medical professionals are expected to identify the red flags and act promptly. Here are some of the common symptoms:

 

Severe Joint Pain

The most significant symptom is sudden, intense pain in a joint, typically the knee, hip, or shoulder.

 

Swelling and Warmth

The affected joint will appear visibly swollen, red, and will be warm to touch.

 

Restricted Mobility

Patients often find it difficult to move the affected joint.

 

Fever and Chills

A high temperature, chills, and a general poorly feeling often accompany the joint symptoms.

 

History of Infection or Recent Surgery

Patients with a recent history of infection, especially skin infections, or those who have undergone joint-related procedures may be at higher risk.

 

Immunosuppression or Pre-existing Joint Disease

Individuals with weakened immune systems or conditions like rheumatoid arthritis are more vulnerable to septic arthritis and should be closely monitored.

 

What Is Clinical Negligence?

Clinical negligence, also known as medical negligence, occurs when a healthcare provider breaches their duty of care. Additionally, that this breach causes harm to the patient as a result. This may include:

 

• Failing to recognise risk factors
• Delaying diagnostic tests
• Misdiagnosing the condition as a less serious joint issue
• Failing to refer to a specialist or admit the patient urgently
• Delaying or omitting appropriate treatment such as antibiotics or surgical drainage

 

Can You File a Clinical Negligence Claim?

You may be able to file a claim if:

 

• You suffered harm or deterioration in your condition because of the delayed diagnosis of septic arthritis
• A competent medical professional, under the same circumstances, would have made a diagnosis earlier or provided more timely treatment
• The delay has led to consequences, such as chronic pain, mobility issues or joint replacement.

 

How to File a Clinical Negligence Claim

Filing a medical negligence claim involves several key steps:

 

Seek Legal Advice Early

Consult a solicitor who specialises in clinical negligence claims. They will assess the viability of your claim as to whether you should proceed and guide you through the process. They will also help with obtaining all the relevant evidence.

 

Gather Evidence

To support your claim, you’ll need:

• Medical records
• GP and hospital correspondence
• Diagnostic test results
• Witness statements (e.g., from family members or carers)
• A written timeline of your symptoms and treatment journey

 

Obtain Expert Medical Opinion

Your solicitor will arrange for an independent medical expert to review your case. This expert will determine whether the care you received fell below acceptable standards and whether this caused you harm.

 

Establish Causation

You must prove that the delay in diagnosis directly caused or significantly worsened your condition. This is a crucial element of any successful negligence claim and an experienced lawyer can help with this.

 

What Can You Claim Compensation For?

Many claims are negotiated and settled out of court. Compensation is designed to put you back in the position (as far as possible) that you would have been in had the negligence not occurred. Typically, you may be entitled to:

 

• General damages: for pain, suffering, and loss of amenity
• Special damages: covering financial losses such as loss of earnings, medical costs, travel expenses, care needs, and future treatment

 

Time Limits for Filing a Claim

A key reason for not delaying when it comes to making a claim is that you typically have three years from the date of the negligent act, or the date you became aware of the harm, to file a claim. However, there are exceptions for:

 

• Children: Time limit starts when they turn 18 (so they have until age 21)
• Lack of mental capacity: No time limit applies while the person lacks capacity
• Fatal claims: Brought by relatives, the three-year limit begins from the date of death or discovery of negligence

 

Get In Touch

Clinical negligence claims can be complicated, so consulting with experienced lawyers in this field who can assess your case is your next step. To do this, contact First Personal Injury.

Our friendly team at First Personal Injury can guide you through the process to get the compensation you deserve. We work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.

 

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.