Yes. You can sue a nursing home for sepsis if negligence caused or contributed to the condition. However, to have a successful case, you must prove that negligence took place by establishing that the facility owed a duty of care to your loved one, breached that duty, and that the breach caused harm resulting in compensable damages.
Any time facilities fail to prevent, recognize, or properly treat infections, the victim or their family may be able to hold the company or its staff responsible. Olson Personal Injury Lawyers has a track record of success in handling nursing home abuse cases. Call our law office today at (505) 391-8978 to schedule a free consultation.
Key Takeaways
- You may sue when failures in infection prevention, recognition, or timely treatment lead to harm—you must prove duty, breach, causation, and damages.
- Recoverable compensation can include medical bills and care costs, pain and suffering, and loss of quality of life.
- Punitive damages may apply in cases of gross negligence; wrongful death claims are also possible.
- Filing deadlines generally run two years in Colorado and Wyoming and three years in New Mexico. Key evidence includes medical records, infection-control documentation, staffing logs, and expert medical testimony. Arbitration agreements do not always bar lawsuits.
What Is Sepsis and How Is It Detected?
Sepsis is a life-threatening condition that arises when the body’s response to an infection spirals out of control, leading to widespread inflammation and potential organ failure. It can be triggered by a broad range of infections, but most commonly results from bacterial infections in areas such as the lungs, urinary tract, skin, or gastrointestinal tract.
For elderly nursing home residents, who often have weakened immune systems and multiple chronic conditions, the risk and impact of sepsis are significantly heightened.
Stages of Sepsis
- Sepsis: The initial stage is marked by fever, increased heart rate, rapid breathing, and potentially confusion or disorientation.
- Severe Sepsis: The condition progresses, leading to severe complications such as organ dysfunction, evident through symptoms like decreased urine output, sudden changes in mental status, difficulty breathing, and abnormal heart functions.
- Septic Shock: This is the most severe stage, characterized by a dramatic drop in blood pressure that can lead to severe organ failure and death if not promptly treated
Early detection and proper medical intervention are paramount in preventing the progression of sepsis. Key to this process is the vigilant monitoring of residents for signs of infection and the initial symptoms of sepsis, coupled with immediate medical assessment and treatment upon suspicion of the condition.
Timely administration of antibiotics and supportive therapies can significantly improve outcomes, reducing the risk of severe complications or death.
The critical concern for elderly nursing home residents is that signs of sepsis may be more subtle or mistaken for other conditions, making early detection challenging. This underscores the importance of education and training for nursing home staff in recognizing the early signs of sepsis and understanding the urgency of medical intervention.
Early and aggressive treatment is essential for stopping the progression of sepsis and safeguarding the health and lives of nursing home residents.
When Can You Sue a Nursing Home for Sepsis?
Several different forms of nursing home negligence can lead to sepsis development, including the following:
- Failure to recognize early signs of infection, such as fever, confusion, or rapid heart rate
- Inadequate infection control measures, such as poor wound care, catheter or IV line mismanagement, or hand-hygiene lapses
- Delayed medical treatment or improper care, such as a failure to transfer to a hospital when indicated, or administer timely antibiotics
Duty of care standards under federal and state regulations require you to show evidence of negligence by the facility or its staff. This typically involves establishing that they owed you or your loved one a duty of care, that they breached this duty through their actions or inactions, and that this breach led to compensable damages, such as medical bills and pain and suffering.
Common Precursors to Sepsis in Nursing Homes
In nursing homes, several common conditions and incidents serve as precursors to sepsis, each directly related to the level of care and attention provided to residents. When these conditions are not properly addressed, they can escalate into infections that may lead to sepsis, especially in elderly individuals with compromised immune systems.
- Bedsores (Pressure Ulcers): Bedsores result from prolonged pressure on the skin, commonly affecting residents who are bedridden or use wheelchairs. If left untreated, these sores can become infected, providing a pathway for bacteria to enter the bloodstream and potentially lead to sepsis.
- Urinary Tract Infections (UTIs): UTIs are prevalent in nursing homes due to factors like catheter use and incomplete bladder emptying. These infections can quickly become serious if not promptly treated, increasing the risk of sepsis among susceptible populations.
- Respiratory Infections: Conditions like pneumonia are common in elderly residents and can be exacerbated by inadequate care, such as failure to assist with mobility or improper handling of ventilatory equipment. Respiratory infections are a leading cause of sepsis in nursing homes.
Lapses in Care Standards Contributing to These Precursors
- Inadequate Staffing: Insufficient staffing levels can lead to neglect of basic care needs, such as regular repositioning to prevent bedsores, timely detection and treatment of UTIs, and proper monitoring for signs of respiratory distress.
- Lack of Proper Training: Without adequate training, staff may not recognize the early signs of these conditions or know how to prevent them, delaying treatment and increasing the risk of infection and subsequent sepsis.
- Poor Hygiene Practices: Inadequate hygiene in nursing homes can contribute to the spread of bacteria and increase the risk of infections that can lead to sepsis. This includes both personal hygiene for residents and environmental cleanliness.
- Failure to Follow Protocols: Not adhering to established medical and care protocols can result in the mismanagement of vulnerable residents, allowing conditions like bedsores, UTIs, and respiratory infections to escalate into sepsis.
Addressing these precursors requires a commitment to high care standards, proper staffing, and ongoing training in infection control and prevention. By ensuring that these foundational aspects of care are met, nursing homes can significantly reduce the risk of conditions that lead to sepsis, protecting the health and well-being of their residents.
What Must You Prove in a Nursing Home Sepsis Lawsuit?
There are four primary elements of negligence: duty, breach, causation, and damages.
- Duty of Care: Nursing home facilities have a duty of care to prevent harm to their residents.
- Breach of Duty: The facility or staff failed to meet applicable standards (such as infection-control policies or a timely clinical response) through intentional or unintentional action, which can result in a breach of duty.
- Causation: Medical records and expert testimony can be used to link the breach to the infection/sepsis and resulting harm.
- Damages: The resident suffered compensable losses (i.e., medical bills, pain and suffering, loss of quality of life).
Nursing homes have a higher duty of care for infection prevention, since this risk is more prevalent in these types of environments. When your loved one develops sepsis, our team can review their case to determine whether negligence played a role.
What Types of Compensation Can You Recover?
There are several forms of compensation available in nursing home abuse cases. These typically fall into two main categories called economic and non-economic damages.
Economic damages consist of the tangible, objective losses from a personal injury, including the following:
- Past and future medical expenses
- Out-of-pocket costs
- Rehabilitation
- Additional care costs
Non-economic damages make up the more subjective losses from an accident, such as:
- Pain and suffering
- Loss of quality of life
- Emotional trauma
- Permanent scarring
A compensation award can also cover wrongful death damages if sepsis results in a loved one’s passing. If a case involves gross negligence, which may occur in a nursing home abuse incident, the court may provide punitive damages to punish the defendant.
Every case is unique, and compensation may vary. Our experienced attorneys can help determine the applicable compensation for your claim.
Most of our firm’s nursing home abuse case results are confidential. Attorney Matthew Broderick recently secured a $700,000 settlement for a case where a client developed a pressure ulcer on his remaining foot after a below-the-knee amputation, due to the nursing home’s failure to reposition and offload his foot properly. The ulcer became infected and required the amputation of his remaining leg.
How Long Do You Have To File a Nursing Home Sepsis Lawsuit?
The amount of time you have to file a lawsuit will depend on the state you are in. In Colorado and Wyoming, the statute of limitations affords you two years to file a claim for nursing home negligence. However, in New Mexico, the deadline extends to three years. It is essential to act quickly to preserve evidence and witnesses.
Key Evidence and Legal Requirements for Your Nursing Home Sepsis Case
What Evidence Do I Need for a Nursing Home Sepsis Lawsuit?
Any form of evidence that points to the at-fault party’s negligence is key to winning a lawsuit. Some examples include:
- Medical records from nursing homes and hospitals
- Infection-control policies and logs (hand hygiene, wound care, catheter/line care)
- Staffing schedules and training materials
- Expert medical testimony
How Much Does It Cost To Sue a Nursing Home?
Our firm operates on a contingency fee basis, meaning you pay nothing unless we win. This allows you to work with us without any financial burdens or obligations.
Can I Still Sue if My Loved One Signed an Arbitration Agreement?
Courts may enforce arbitration agreements, but they may permit you to file a lawsuit if you were unaware of your rights or if your claim is outside the scope of arbitration, such as in cases of gross negligence.
If a plaintiff unknowingly enters into an arbitration agreement due to coercion or deception, or if the agreement’s terms compromise their ability to assert their rights, courts may invalidate the contract.
Steps To Take if You Suspect Nursing Home Sepsis Negligence
You can take proactive steps if you suspect nursing home abuse is taking place, beginning with the following:
- Seek immediate medical care, or call 911 for emergencies, and ensure appropriate hospital evaluation
- Document all symptoms, medical care, and communications with staff
- Obtain copies of facility and hospital records as soon as possible
- Report concerns to state regulatory agencies
- Consult with an experienced nursing home abuse attorney
- Consider transferring to different facilities if ongoing care is needed
Not sure what to do next? We’re here to listen and help. Contact Olson Personal Injury Lawyers and speak with one of our experienced nursing home abuse attorneys—we’ll explain your options, help preserve key evidence, and handle the legal details while you focus on care.
Trust the Team at Olson Personal Injury Lawyers To Help You Seek Justice
Nursing homes are expected to provide optimal care to their residents, prioritizing safety and wellness. When you or a loved one develops sepsis due to a negligent nursing home facility, Olson Personal Injury Lawyers can help you pursue justice. Our compassionate attorneys offer aggressive and dedicated legal services on behalf of our clients. Contact our law office today to schedule a free, initial consultation.
