Mum Instructs Medical Negligence Lawyers To Launch Legal Case After Issues At St Richard’s Hospital Chichester

A three-year-old girl died following a missed opportunity to refer her for an urgent sepsis assessment – despite displaying signs of the life-threatening condition, an investigation found. 

Penny Stevens was taken to A&E at St Richard’s Hospital in Chichester by her mum, Jemma Graham, concerned about her daughter’s chesty cough, vomiting and rash. The visit followed advice from NHS 111 to attend hospital.

Penny wasn't triaged for more than an hour

Penny, of Emsworth, Hampshire, who also had a high temperature as well as a raised heart and respiratory rate, should have been triaged within 15 minutes of attending hospital. 

However, it was more than an hour before the youngster, who was also sleepy and had to be held by her mum, was seen because of how busy the department was, an internal NHS patient safety investigation report seen by expert medical negligence lawyers at Irwin Mitchell said. 

NHS reports finds missed chance to refer Penny for urgent sepsis review

A sepsis screening tool completed during the initial assessment “recorded signs that should have triggered an urgent sepsis review,” the Patient Safety Investigation Report by University Hospitals Sussex NHS Foundation Trust, found.

However, medics incorrectly recorded ‘No’ as to whether Penny was sleepy, lethargic or irritable, and “the opportunity for escalating for an urgent sepsis assessment was missed,” it added.

Penny’s condition was classed as ‘green’, meaning she was not due to be re-assessed for a further two hours. During that time, Jemma was asked to try and provide a sample of Penny’s urine but she was crying and unable to pass any.

Jemma, concerned by the long wait in the “clearly overwhelmed” department, took her daughter home where she believed she would be more comfortable. She said she was reassured by the medics’ lack of urgency after being told it would be several hours before Penny would be seen. Penny’s condition deteriorated overnight. 

Jemma called 999 in the early hours of 4 December, 2022. Penny was taken by ambulance to hospital, but suffered a cardiac arrest shortly after arrival. Despite attempts to resuscitate Penny lasting 80 minutes, Penny died of Group A Strep sepsis. 

Mum Jemma asks medical negligence lawyers to launch legal case

Following her death, Jemma, aged 41, instructed specialist medical negligence lawyers at Irwin Mitchell to launch legal action against University Hospitals Sussex NHS Foundation Trust, which runs St Richard's Hospital.

With the case ongoing, Jemma, a teacher, has joined her legal team at Irwin Mitchell in using Sepsis Awareness Month to raise awareness of the signs of the condition, particularly in children. 

Laura Hayes-Payne is the specialist medical negligence lawyer at Irwin Mitchell representing Penny’s mum

Expert Opinion

Jemma remains devastated by the incredibly tragic circumstances surrounding Penny’s death.

“The Hospital Trust’s own investigation report has identified worrying issues in the care Penny received, including not recognising signs of sepsis or referring her for an urgent review.

“Jemma continues to have concerns about what happened to her daughter. All she wants is to ensure that all possible issues in Penny’s care are identified and acknowledged by the Trust, and that lessons are learnt so that other families don’t have to endure what she and her family have.

“Through our work we continue to see too many families impacted by sepsis. Penny’s death highlights its dangers, the need for everyone to be aware of the symptoms and how early detection and treatment are essential.” Laura Hayes-Payne

Sepsis: Penny Stevens' story

Penny and Jemma arrived at St Richard’s Hospital just before 5.20pm on Saturday, 3 December, 2022.

Penny, who has a younger brother named Charlie, now aged five, was triaged at 6.20pm. Despite her signs and symptoms, she was classed as not requiring a follow-up assessment for a further two hours. 

After waiting for more than two hours, Penny had not been re-assessed and Jemma took her daughter home.

A discharge summary was generated, saying treatment had been completed, the investigation report said. 

At approximately 4am on Sunday 4 December, the call was made to 999. Penny died later that morning. 

Jemma pays tribute to Penny as she issues sepsis warning

Jemma said: “Penny was bright, funny, and full of joy. We took her to hospital on the advice of NHS 111 after she became poorly, but the department was clearly overwhelmed. 

“I was told she was probably suffering from a virus and, as to me the staff didn’t seem concerned that there was anything more sinister going on, I made the decision to take her home rather than keeping her waiting in the hospital, which was absolutely manic at the time. 

“Hours later, she was gone. Due to the sepsis, Penny went downhill so rapidly, and our world collapsed.

“What followed has broken us as a family in ways that nobody should ever have to endure. We remain devastated by Penny’s death and are left wondering if more could have been done that night to help her. It’s hard not to think of how things should be, in a world where Penny would still be at home with us, growing up, and creating mischief with her brother. 

“I don’t blame the staff on duty that night. They were working in impossible circumstances. My concerns lie with the system and the conditions that both patients and medical staff have to face.

“I’d do anything to have Penny back with us and want every parent to know the signs of sepsis. People have probably heard of sepsis, but they need to know how dangerous it is. Don’t assume someone else will spot it.” 

Signs of sepsis and more information available 

Find out more about Irwin Mitchell's expertise in supporting patients and families affected by sepsis at our dedicated sepsis claims section. Alternatively, to speak to an expert contact us or call 0370 1500 100. 

Signs of sepsis in children can include fever, confusion, reduced urine output, fast breathing, having a fit, mottled or blueish skin that may feel abnormally cold to the touch, a rash, lethargy, irritability, or a child being difficult to wake.

Sepsis Awareness Months runs throughout September. More information on the signs of the condition can be found on the website of the charity UK Sepsis Trust.