It is understood that hospitals will have outbreaks of infections. However, when a patient develops an infection while they’re in the care of their attending physician and the doctor, for whatever reason, doesn’t monitor or recognize the signs and symptoms of a serious infection that can turn into sepsis, a medical malpractice lawyer may be able to pursue damages on that patient’s behalf.

If you have suffered harm or lost a loved one due to failure to diagnose sepsis, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine whether it was an appropriate medication for your loved one and if there was any negligence involved in their death.

What Constitutes Medical Malpractice When Sepsis Is Involved?

A patient in a hospital should typically get better within the first several days after a surgery or procedure. There’s supposed to be a trend line where they’re improving, but when a patient is not improving day after day, and ultimately, sepsis is diagnosed, there are certain signs that indicate possible malpractice. Were the patient’s vital signs being monitored? Did the doctor order the appropriate tests to determine if a serious sepsis was ongoing? It’s the failure to properly monitor and recognize the infection that is a subject of medical malpractice claims.

What Legal Options Are Available if a Doctor Fails to Diagnose Sepsis?

When a doctor fails to diagnose sepsis, patients or their families may have grounds to pursue a medical malpractice claim. Sepsis, a life-threatening condition caused by the body’s response to infection, requires early detection and prompt treatment to prevent severe complications or death. A delayed or missed diagnosis may occur due to failure to recognize symptoms, inadequate testing, or misinterpreting lab results.

To file a medical malpractice claim, a malpractice lawyer must prove that the healthcare provider’s failure to meet the standard of care directly caused harm. This involves demonstrating:

  • A doctor-patient relationship existed.
  • The provider failed to act as a reasonably competent professional would in similar circumstances.
  • The failure resulted in harm, such as prolonged illness, organ damage, or death.

Can Families File a Wrongful Death Claim for a Missed Sepsis Diagnosis?

Yes, families can file a wrongful death claim if a missed sepsis diagnosis leads to the death of a loved one. A wrongful death lawsuit seeks to hold healthcare providers accountable for their negligence while providing financial compensation to surviving family members.

To succeed in a wrongful death claim, the family must establish:

  • Negligence: The doctor failed to diagnose sepsis when a competent professional would have identified and treated it.
  • Causation: The failure to diagnose directly contributed to the patient’s death.
  • Damages: The family suffered losses, such as funeral expenses, loss of income, and emotional pain.

Damages in wrongful death claims may include compensation for the deceased’s lost income, medical bills, funeral costs, and the emotional suffering of survivors. Families often work with attorneys and medical experts to build a strong case, gathering evidence such as medical records, expert testimony, and documentation of the patient’s symptoms and treatment timeline.

How Do You Prove Medical Malpractice or Wrongful Death in Sepsis Cases?

Proving medical malpractice or wrongful death in sepsis cases requires detailed evidence and expert analysis. Key steps include:

  • Establishing the standard of care: Show what a competent doctor should have done under the circumstances, such as ordering blood tests, monitoring vital signs, or starting antibiotic treatment.
  • Identifying breaches: Demonstrate how the provider failed to meet the standard of care, such as by dismissing symptoms like fever, rapid heart rate, or confusion.
  • Linking to harm: Prove that the failure to diagnose or treat sepsis caused measurable harm, such as organ failure, prolonged hospitalization, or death.

Common evidence includes:

  • Medical records: Detailed documentation of the patient’s symptoms, tests, and treatments.
  • Expert testimony: Opinions from medical professionals on how the provider’s actions deviated from the standard of care.
  • Timeline of events: A clear sequence showing when symptoms appeared, what actions were taken, and how the delay or failure to act worsened the outcome.

Strong legal representation is essential, as these cases often involve complex medical and legal issues.

Calculating damages requires a thorough evaluation of the financial, physical, and emotional impacts of the missed diagnosis. An experienced attorney can ensure that all losses are accounted for and advocate for fair compensation through settlement negotiations or litigation.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.