Can You Sue a Nursing Home for Sepsis?

Sepsis is a dangerous and potentially life-threatening condition that happens when the body has an extreme response to an infection. In nursing homes, residents are particularly vulnerable to infections due to their age, underlying health conditions, and – sometimes – substandard care. When sepsis develops because a nursing home fails to provide a resident with proper care, families might wonder if they can sue the facility.

What is sepsis?

Per the Mayo Clinic:

Sepsis is a serious condition in which the body responds improperly to an infection. The infection-fighting processes turn on the body, causing the organs to work poorly.

Sepsis may progress to septic shock. This is a dramatic drop in blood pressure that can damage the lungs, kidneys, liver and other organs. When the damage is severe, it can lead to death.

Early treatment of sepsis improves chances for survival.

Common infections known to trigger sepsis include urinary tract infections, respiratory infections, and bedsores.

Sepsis can progress through three stages – sepsis, severe sepsis, and septic shock. For the best outcome, patients should receive early detection and treatment. However, in many nursing home environments, staff may fail to recognize the warning signs, which will allow the condition to worsen.

How can nursing home neglect lead to sepsis?

Nursing homes have a duty to provide a safe environment and proper care for their residents. Unfortunately, issues like understaffing or unqualified staff can lead to neglect and create hazardous conditions. Such problems can directly contribute to the likelihood that some residents develop sepsis. Here are some of the ways sepsis might create severe risks in a nursing home:

• Poor hygiene practices: Nursing homes must maintain clean environments and follow strict hygiene protocols to prevent infections. Neglecting to sanitize equipment, wash hands, or clean residents properly can allow bacteria to thrive, causing infections.
• Development of bedsores: Bedsores, which are sometimes referred to as pressure ulcers, are entirely preventable with proper care. In nursing homes, staff members may fail to reposition immobile residents, causing bedsores. If they leave those wounds untreated, the sores can become infected, leading to sepsis.
• Missed symptoms: Some early symptoms of sepsis include fevers, confusion, rapid breathing, or a high heart rate. Staff may assume these are related to other conditions. If negligent staff members overlook these signs, they will delay medical attention for the resident, increasing the risk of serious and even fatal complications.
• Understaffing: Many nursing homes are understaffed. Such work conditions can cause staff to be overworked and missing important signs of infection. Also, with fewer staff members, it’s not possible to monitor residents as frequently.
• Improper catheter use: Another cause of sepsis can be improper catheter use or care. Urinary catheters are common in nursing homes, but they require careful maintenance to avoid infections. Neglecting catheter care or leaving them in place for too long increases the risk of sepsis.

The answer to whether you can file a lawsuit against a nursing home if a loved one developed sepsis is often yes. However, proving your case requires demonstrating that the facility breached its duty of care to the resident and that this breach directly led to the sepsis.

What is negligence in nursing home settings?

In legal terms, negligence occurs when a nursing home fails to meet the standard of care expected of them, resulting in harm to the resident. Examples of negligence that can lead to sepsis include:

• Failing to monitor and treat infections promptly
• Ignoring bedsores or other open wounds
• Inadequate hygiene or unsanitary conditions
• Failing to hire enough quality staff to meet resident needs

If you suspect negligence played a part, the experienced nursing home abuse attorneys at Garcia & Artigliere can help you determine whether you have grounds for a lawsuit.

What should I do if my loved one develops sepsis?

You should act quickly if your loved one has developed sepsis in a nursing home:

• Sepsis requires urgent treatment. Make sure your loved one is transported to a hospital where they can receive antibiotics, fluids, and life-saving care.
• Keep detailed records of your loved one’s condition, including photos of bedsores or other visible infections. Write down your conversations with nursing home staff and medical providers.
• Obtain your loved one’s medical records from the nursing home and hospital. If you decide to take legal action, these documents will provide valuable evidence.
• Speak to an experienced nursing home abuse attorney. At Garcia & Artigliere, we can investigate whether neglect or abuse contributed to the development of sepsis. We can help guide you through the legal process and seek compensation for your loved one’s pain and suffering.

How do your attorneys prove negligence in a sepsis case?

To build a strong case against the nursing home, we work to prove that the facility’s negligence directly caused or worsened your loved one’s sepsis. We will:

• Analyze medical records to identify any gaps in care or delays in treatment.
• Staff members, residents, and family members may have information that can help in your efforts to uncover patterns of neglect or abuse.
• Investigate whether the nursing home followed federal and state regulations.
• Consult medical and long-term care experts to provide testimony about what should have been done to prevent the infection and sepsis.

What is the value of my sepsis lawsuit?

When you sue a nursing home for sepsis, you may be able to recover compensation for:

• Medical expenses, including the costs of hospital stays, medications, surgeries, and ongoing care related to the sepsis.
• Pain and suffering, which is compensation for the physical pain and emotional distress caused by the condition.
• If sepsis leads to a resident’s death, families may file a wrongful death claim to recover funeral expenses, lost companionship, and other damages.

Nursing home abuse and neglect cases can be complicated, especially when dealing with medical evidence and state regulations. Look for an attorney with experience handling nursing home neglect and abuse lawsuits, a track record of successful outcomes for clients, and compassion and dedication to advocating for vulnerable residents.

If your loved one developed sepsis in a nursing home due to neglect or inadequate care, you have the right to hold the facility accountable. Contact the dedicated nursing home abuse attorneys at Garcia & Artigliere today for a free consultation. We’re here to listen to your story, explain your legal options, and fight to secure the compensation and accountability your family deserves. Please call our office or submit our contact form today. We have offices in Long Beach, Los Angeles, New Orleans, and Phoenix for your convenience.